Domestic Violence Injunction – Part 1

New Horizons Law, P.A., Michael J. Costantino, Esq. recognizes that while living in a household where domestic violence exists is degrading; it may be difficult to escape because the abused has a very realistic fear that if she (or he) leaves – then the violence will escalate and become even more dangerous.  These concerns become even worse where there are children involved – especially those children are very young.  New Horizons Law, P.A., Michael J. Costantino, Esq. has a lot of experience with clients who are victims of domestic violence and they completely rely on their spouse or partner to pay for rent, groceries and all other living expenses.

At New Horizons Law, P.A., Michael J. Costantino, Esq. often hears from a potential client that she (or he) is totally dependent on the abuser and doesn’t know what to do.  If you are living in fear of continued domestic violence, you do have options – such as filing for a Petition for Protection against Domestic Violence and/or filing for a divorce. 

In Florida, once you file a “Petition for Protection against Domestic Violence”, the Clerk of Court will immediately deliver your documents to the Domestic Relations Judge.  The Judge will review your claims to determine whether you have sufficiently alleged that there is an immediate and present danger of domestic violence and the Judge will issue a Temporary Injunction for Protection against Domestic Violence if he or she finds that you have met this burden.  This initial decision by the Judge is done “ex parte” – which means that neither you nor the abuser has to appear in court at that time, but will be required to appear at a future date if the Judge issues a temporary injunction.   Also this initial decision by a Judge may be very important as to whether the Court will enter a Final Injunction for Protection against Domestic Violence. 

Since the Judge can only base the decision as to whether or not to issue a Temporary Injunction solely on what you write in your petition, New Horizons Law, P.A., Michael J. Costantino, Esq. suggests that you consult with our office in order to discuss the details of what occurred that caused you to file a petition for an injunction.  An attorney such as New Horizons Law, P.A., Michael J. Costantino, Esq. can’t tell you what to write in your petition, but New Horizons Law, P.A., Michael J. Costantino, Esq. can make certain that you understand what is needed to be written in an injunction and clearly inform the Judge all of the facts that are important as well as exactly why you need an injunction for protection against domestic violence.

In Florida, once you file a “Petition for Protection against Domestic Violence”, the Clerk of Court will immediately deliver your documents to the Domestic Relations Judge.  The Judge will review your claims to determine whether you have sufficiently alleged that there is an immediate and present danger of domestic violence and the Judge will issue a Temporary Injunction for Protection against Domestic Violence if he or she finds that you have met this burden.

It is important to understand that if the Judge does issue a temporary injunction, it is only in effect after the “abuser” is served with a copy of the injunction by a Sheriff’s Deputy.  Even if a temporary injunction is issued, it only remains in effect until the Court can hold a full hearing on the merits of the case.  This hearing must be held within fifteen days of the date of the temporary injunction.

Regardless of whether you are the accused or the accuser with respect to a domestic violence injunction, you should at a minimum consult with an attorney to fully explore your rights. At New Horizons Law, P.A., Michael J. Costantino, Esq. provides free consultations with potential clients.