Being served with a domestic violence injunction in Florida can be a frustrating and confusing experience. The challenge involves protecting your legal rights and resisting the emotional response that may feel overwhelming. In this article, we’ll guide you through how to respond to a domestic violence injunction in Florida, step by step.
Contact an Experienced Domestic Violence Defense Lawyer
The first and most important step anyone served with a Florida domestic violence injunction should take is to contact an experienced domestic violence criminal defense attorney. Any action you are tempted to take before consulting with a professional domestic violence defense lawyer may risk violating some part of the injunction. Stechschulte Nell, Attorneys at Law, in Tampa, have years of valuable experience successfully representing people whose family member, spouse, or former romantic partner filed a domestic violence injunction against them. Call us today for an immediate review of your case.
Review the Injunction Carefully
If you’ve been served with a domestic violence injunction in Florida, carefully read the document. The information contained in the document is key to ensuring you remain aware of what boundaries the court forbids you to cross. The document will include the specific factual allegations made by the petitioner, some of which may be true, and others may be false.
The falsity of any single allegation does not lessen the binding nature of the injunction. The other key information found in the injunction document will be the details identifying the time and date of the hearing at which you may appear with your attorney to contest the alleged facts and to attempt to remove the restraining order.
It is essential that you provide your domestic violence defense lawyer with either the original or a complete copy of the paperwork that was served on you. Each fact and narrative needs to be analyzed for legal significance. The nature and relative severity of each allegation will weigh heavily on the decision you will make with your counsel regarding your defense strategy and tactics.
Comply with the Injunction
Until the court modifies or lifts the injunction, it’s crucial to comply with its terms. This usually includes staying away from the petitioner, refraining from contacting them in any manner and adhering to all restrictions included in the injunction. Violating the injunction can and often does result in a criminal charge.
In many cases, the injunction may have been issued in connection with criminal charges already filed. Violating the court-ordered injunction can lead to additional criminal filings and a revocation of your pretrial release. If the court believes you pose a continuing threat to the complainant during the time your case is pending, the judge may increase your bail, further restrict your terms of release, or order you detained following a violation of the injunction’s orders.
Unless some specific exception is clearly described in the injunction, the standard terms will bar you from having any contact with the petitioner. That means no letters, notes, emails, texts, telephone calls, or messages passed through third parties.
If you have immediate concerns about matters like securing your work tools from the home, or obtaining personal effects or clothing, notify your defense lawyer so they may contact the petitioner’s representative or the police to make appropriately supervised and safe arrangements to see to the exchange, if possible.
If the arrangements cannot be made, then a request to order such an exchange can be made in court during the scheduled hearing.
Helping Your Defense Lawyer Identify and Gather Evidence
To build a strong defense or response, your attorney will need to know the history and details of each allegation included in the petitioner’s statement. You can assist your lawyer in gathering this information by identifying where such supporting evidence will be found:
- Text messages or emails that contradict the petitioner’s claims.
- Witnesses whose statements may support your side of the story.
- Documentation of any injuries or damage you suffered during the alleged incident.
- Any evidence that shows the petitioner’s motives or questionable credibility.
Your attorney can help you organize and present this evidence effectively at the injunction hearing and during the defense preparation for any related criminal charge.
In-Court Strategies to Respond to a Florida Domestic Violence Injunction
Once you have prepared your defensive response to a Florida domestic violence injunction, have several options when responding to a domestic violence injunction in Florida:
Request and Engage in a Hearing
If you choose to contest the injunction, you can request a hearing. This is where both parties present their evidence and arguments before a judge. Your attorney will help you prepare for the hearing and will cross-examine witnesses and challenge the petitioner’s claims. You and your lawyer also have the right to present your own evidence, either through witness testimony or documentary evidence.
It’s essential to be prepared, respectful, and honest during the hearing.
After the hearing, the court will decide whether to lift or extend the domestic violence injunction. If the injunction is granted, it will typically be in effect for a specified period, often one year, but it can vary based on the circumstances. If the injunction is denied, it will be lifted, and you can resume your normal activities.
Consent to the Injunction
Under some circumstances, after fully consulting with your defense lawyer, you may decide to consent to the injunction. You may have no wish to have any contact with the petitioner and to keep as much physical and communication distance as possible. Or your attorney may advise you to waive your right to contest the injunction in order to protect you from exposure to a more serious criminal conviction. Testimony presented during the injunction hearing can be valuable evidence used in a subsequent criminal trial.
Seek a Modification
In some cases, you may agree to some parts of the injunction but wish to modify others. Your attorney can help you request changes that better suit your needs while still conceding some ground to the complainant. These potential modifications may involve a controlled exchange of a child for co-parenting responsibilities or permit some other accommodation both parties may agree to.
Always Get Advice and Counsel from an Experienced Domestic Violence Defense Lawyer
Like many areas of the law, domestic violence law has become increasingly complicated and specialized in the last ten years. Not every lawyer is sufficiently informed of the latest developments in the law or up-to-date on new statutes that may have been enacted or old ones that have been amended.
If you need legal guidance and an experienced domestic violence defense attorney, contact the lawyers at Stechschulte Nell, Attorneys at Law in Tampa. We’re here to help protect your legal rights.
