When allegations of domestic violence arise between household or family members, a court may issue a temporary ex parte injunction to provide immediate protection to the petitioner. To determine whether that protection should be extended, the court schedules a domestic violence injunction hearing.
At this hearing, both parties have the opportunity to present evidence and testimony. The petitioner may offer evidence to support their request for a final injunction, while the respondent has the right to challenge the allegations, present witnesses, and submit documents in their defense. The judge will consider all relevant facts before deciding whether to grant a longer-term injunction, modify the existing order, or deny the request altogether.
Testimony Before a Judge
To obtain a longer injunction against domestic violence, the alleged victim (petitioner) must testify before a judge about the instant or instances of abuse they allege.
Under Florida law, domestic violence is any of the following:
- Assault
- Aggravated assault
- Battery
- Aggravated battery
- Sexual assault
- Sexual battery
- Stalking
- Aggravated stalking
- Kidnapping
- False imprisonment
- Any criminal offense resulting in physical injury or death of a family member
If the allegations fall below the above, the injunction order will not be granted.
The petitioner must be able to show that they are a victim of domestic violence or have a reasonable belief of being in imminent danger of becoming a victim. Even if an arrest did not occur, the injunction can still be granted, as the process is part of a civil case, as opposed to a criminal one.
Before the hearing, the petitioner identifies the nature of the relationship between the parties to demonstrate that they meet the definition to obtain such an order and fills out forms detailing the alleged abuse. The judge may review the statements in the request for a temporary injunction and ask the alleged victim to explain them.
The accused may or may not testify in their defense. If the respondent (defendant) does not want to contest the issuance of the injunction, the parties can agree to it and avoid formal testimony.
Right to an Attorney
The petitioner and respondent both have the right to be represented by an attorney.
If they have an attorney, the attorney is responsible for:
- Examining witnesses
- Cross-examining witnesses
- Presenting evidence
- Challenging evidence
- Making objections
- Preparing paperwork
If the respondent is being charged in a criminal case, their attorney may advise them not to testify, as this testimony could affect their criminal case.
There is no jury in these types of cases; the judge determines whether or not to grant a permanent injunction.
Presentation of Evidence and Testimony
Both parties have the right to call witnesses and evidence to support their version of events. The parties and their attorneys are bound by the rules of evidence and procedure.
Potential witnesses may include:
- Other family members
- Coworkers
- Other household members
- Witnesses who observed the allegations or dynamics of the relationship
After a witness is called, the other side has the opportunity to cross-examine them, which can help reveal issues with their credibility or objectivity.
Evidence that may be presented in domestic violence injunction hearings might include:
- Text messages
- Social media messages
- Emails
- Phone records
- Pictures
- Videos
- Medical records
The foundation for the evidence must be properly laid, and other rules apply as to what evidence is admissible.
Burden of Proof
The petitioner has the burden of proving that they are entitled to a permanent injunction. The burden of proof is by the preponderance of the evidence, so the judge must believe the petitioner more than the respondent to grant the injunction request.
Closing Arguments
The parties may be able to present closing arguments to summarize their case and make last-ditch efforts to convince the court of their side. The judge will typically issue a ruling from the bench, stating whether the injunction will be granted, for how long, and the conditions.
Contact the Orlando Domestic Violence Law Firm of Conti Moore Law Divorce Lawyers, PLLC, for Help Today
If you are seeking an injunction hearing or need to defend yourself against unfounded accusations, Conti Moore Law Divorce Lawyers, PLLC can help guide you through this process. Our divorce and family law lawyers have extensive experience with these cases.
For more information, contact our experienced Orlando divorce lawyers at Conti Moore Law Divorce Lawyers, PLLC, by calling (407) 831-0203 to schedule a free consultation.
We serve all through Orange County and its surrounding areas. Visit our office at:
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
(407) 831-0203
