Jacksonville Criminal Defense Lawyer Blog
You have been served with a domestic violence injunction in Florida. Now what? Though you have been served with an injunction, most people don’t understand what you should and should not do to abide by an injunction. See below some handy rules of thumb:
- DO hire an attorney to represent you as soon as possible
- DON’T contact the petitioner and/or ask the petitioner to drop the injunction
- DO remain silent about the allegations to everyone but your attorney
- DON’T possess any firearms or ammunition while the injunction is in place
- DO follow the terms of the temporary injunction as ordered
- DON’T pass messages to the petitioner through a third party
- DO show up for your final hearing date and present your side of the story
- DON’T agree to the injunction without being fully informed of the consequences
- DO gather evidence to support your facts
- DON’T respond to petitioner even if he or she contacts you first
Why is an injunction even granted in the first place? A petitioner files a Petition for Injunction for Protection Against Domestic Violence alleging acts of domestic violence which can include: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death to the petitioner by a family or household member. The Court considers the following:
- History between petitioner and respondent
- Prior threats, harassment, stalking, and physical abuse
- Attempts to harm petitioner or family members of petitioner
- Threats to conceal, kidnap, or harm the petitioner’s child(ren)
- Intentional injury or killing of a family pet
- Use or threats to use weapons such as guns or knives
- Physical restraint from allowing petitioner to leave the home or to call law enforcement
- Criminal history involving violence
- Previous injunction order
- Intentional destruction of personal property of petitioner
- Whether any behavior or conduct leads petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.
When a Petition is filed, the court may issue a temporary injunction ex parte, meaning the Judge has only considered information from one side. A notice of hearing will tell when and where the hearing on the Final Injunction is to take place and, at that time, you can present evidence as to why the Final Injunction should not be granted. If you do not appear at the final hearing, the injunction may be granted with court costs.
If you have questions about domestic violence, stalking, or other injunctions, contact an experienced Jacksonville Domestic Violence Lawyer for a consultation. Contact the Law Office of David M. Goldman, PLLC for more information.