Domestic Violence Injunctions... Dating Violence, Children, And Why You Can’t Go Home Or Have Guns... What To Do About Them
There are several types of domestic violence injunctions in Florida. Domestic Violence with and without children, Dating Violence, Sexual Violence, and Stalking Violence.
Injunction for Protection Against Domestic Violence with Child(ren)
If you have been served with an injunction for domestic violence with children, and you are the respondent, the Judge has the power to establish time-sharing (formerly called custody), temporary child support, and can force you to find a different place to live (if you do not already have a separate residence). At the time you receive the temporary injunction, you are required to surrender all firearms in your possession to the Sheriff. If you are caught with a firearm while either a temporary or permanent injunction is in place against you, then you will be charged with a first degree misdemeanor punishable by up to one year in jail, Florida Statutes 790.233, ‘Possession of a firearm or ammunition prohibited when person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking.’
Injunctions for protection against Domestic Violence, Stalking Violence, Dating Violence, or Sexual Violence are extremely powerful tools. The Legislature has designed this to be a powerful tool used to protect an individual who feels they are in danger. Upon review by a Judge, if granted on a temporary ex parte basis (without hearing), the injunction will prevent you from contacting the person who got the injunction (the petitioner) against you, and if there are children named, also from contacting that child (or children), until a full due process hearing can be held (typically within two weeks of the issuance of the temporary injunction.)
The Respondent is entitled to a full hearing, however, the Respondent is NOT entitled to an attorney to represent them. However, you may hire an attorney to defend you against the injunction (hence, why I am writing this article, of course I want you to hire me, I have done many many injunctions!). The Respondent or attorney can confront and cross examine witnesses or present them on behalf of the Respondent. Hiring an attorney who is experienced in Injunction defense, subpoena’ing witnesses, hiring private investigators and having court reporters in the room is crucial to the defense or prosecution of a domestic violence injunction.
The Petitioner is also not entitled to an attorney, however, they can also hire an attorney to represent their case against the Respondent. (I also have represented many Petitioners!)
If the injunction is granted against the Respondent (ostensibly, you), the Judge will also prevent you from having firearms during the length of the injunction. The length of time an injunction can be placed against you ranges from a set amount of time to permanently. If the injunction is permanent, either party MUST move to dissolve the injunction. You will probably want to have an attorney do this for you. A motion must be died and a hearing must be set.
Call now to speak with experienced Orlando Domestic Violence Injunction Attorney Heiko Moenckmeier today at 407.504.1384.