Domestic Violence Injunction Hearings
An injunction for protection (commonly referred to as a protection order or restraining order) is a court order that can carry several civil and criminal penalties for the respondent (the person who court protection is being sought against). A court must hold a full hearing that can be attended by the respondent and the petitioner (the person seeking court protection) before a final injunction for protection can be issued.
Florida provides various forms of injunctions for the alleged victims of many domestic violence-related crimes, but the petitioners in these cases may exaggerate or manufacture allegations in order receive court protection. Even when a respondent believes he or she has been falsely accused of being an immediate and present danger, the emotionally-charged nature of these cases often makes it a mistake for alleged offenders to try and represent themselves in full hearings.
Lawyer for Domestic Violence Injunction Hearings in Brooksville, FL
If you have been served with an injunction for protection in Central Florida, it will be in your best interest to immediately retain legal counsel. Ashley M. Aulls, P.A. represents clients accused of domestic violence crimes all over the greater Hernando County area, including New Port Richey, Inverness, Spring Hill, Wildwood, Brooksville, Weeki Wachee, and many others.
Brooksville criminal defense attorney Ashley Aulls can investigate and take the necessary steps to help you achieve the most favorable outcome at your full hearing. You can have him review your case and discuss all of your legal options as soon as you call (352) 593-4115 to schedule a free, confidential consultation.
Florida Domestic Violence Injunction Hearings Information Center
- How do courts decide when to issue injunctions for protection?
- What restrictions can injunctions place on the respondents?
- Where can I learn more about injunctions for protection in Brooksville?
The injunction for protection hearing process begins when the alleged victim files a petition with the local clerk of the court for an injunction for protection against either domestic violence, repeat violence, dating violence, sexual violence, or stalking. An injunction needs to provide the name, description, and all related details about the respondent as well as a specific set of facts and circumstances that demonstrate to the court that an immediate and present danger of violence exists.
Under Florida Statute § 741.30(6)(b), a court will consider and evaluate all relevant factors alleged in the petition, including, but not limited to all of the following in determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, repeat violence, dating violence, sexual violence, or stalking:
- The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse;
- Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner;
- Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children;
- Whether the respondent has intentionally injured or killed a family pet;
- Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives;
- Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement;
- Whether the respondent has a criminal history involving violence or the threat of violence;
- The existence of a verifiable order of protection issued previously or from another jurisdiction;
- Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner; and
- Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.
When an alleged victim initially files a petition for an injunction for protection, a judge will decide based solely on the information in the petition whether to grant a temporary injunction ex parte, pending a full hearing. Temporary injunctions are commonly issued, and the court must set the date for a full hearing at the earliest possible time when the only ground for denial of a petition is no appearance of an immediate and present danger of domestic violence.
Temporary injunctions do not become effective until they have been served to the respondents, and they can last no longer than 15 days. Final judgments for protection against violence, or “permanent injunctions,” remain in effect until they have been modified or dissolved by a court.
Both the petitioner and the respondent can present evidence to the court at a full hearing, and the petitioner will need to testify under oath when the respondent is contesting the injunction. If a judge decides to issue a permanent injunction, then it may place numerous civil requirements on the respondent and impose criminal penalties on him or her for any violations of the court order.
Courts are permitted to grant such relief as they deem proper in injunctions for protection. Some of the things that an injunction may require a respondent to do include, but are not limited to:
- Have no contact—physical or otherwise (telephone, email, etc.)—with the petitioner;
- Stay a specified distance away from the petitioner’s residence, place of employment, or other specified locations;
- Comply with child visitation orders;
- Pay child support;
- Mandatory participation in a batterers’ intervention program; and
- Surrender custody, possession, or control of any firearms or ammunitions.
Injunctions for Protection | Clerk of Circuit Court & Comptroller, Hernando County, Florida — Visit this website to learn more about the types of injunctions for protection people can file for in Hernando County. You can also find information about the information that the court will need in order to file a petition for an injunction for protection. The website also discusses what happens after a judge makes a decision on a petition and what people can do if respondents violate injunctions.
Hernando County Clerk of Circuit Court & Comptroller
20 N. Main St.
Brooksville FL 34601
Hernando County Sheriff's Office | Domestic Violence Information — On this section of the Sheriff’s Office’s website, you can find various information about injunctions relating to domestic violence. Learn what injunctions do, what judges can do, and what happens if a person violates an injunction. The website also provides the contact information of shelters and hotlines for domestic violence victims.
Hernando County Sheriff's Office
18900 Cortez Blvd.
Brooksville, FL 34601
Ashley M. Aulls, P.A. | Brooksville Injunction for Protection Hearing Lawyer
Were you recently served in Central Florida with a temporary injunction for protection? You have the right to legal representation at your full hearing, and Ashley M. Aulls, P.A. can help you present the best possible case.
Ashley Aulls is an experienced criminal defense attorney in Brooksville who represents clients in communities throughout Hernando County, Citrus County, Sumter County, and Pasco County. Call (352) 593-4115 or fill out an online contact form right now to set up a free consultation that will allow our lawyer to provide a complete evaluation of your case.