In Florida, a domestic violence injunction is a sort of restraining order, of which there are two types: temporary orders and permanent orders. As a result, there are two types of hearings available: ex parte hearings and full hearings. The party requesting the injunction will likely have to attend both. In this article, the Tampa domestic violence attorneys at Westchase Law, P.A. will discuss domestic violence hearings in Florida.
The burden of proof in domestic violence hearings
The individual who is bringing allegations has the burden of proving that they qualify for a domestic violence injunction. The standard of proof in these hearings is a “preponderance of the evidence,” meaning that it is more likely than not. This is a much lower standard of proof than “beyond a reasonable doubt”—the standard in criminal trials.
Ex parte domestic violence injunction hearings
An ex parte domestic violence hearing is when you appear before a judge alone or with your lawyer. The accused party is not present during this hearing (hence the name, ex parte). Because of this, an ex parte order is only temporary. It lasts until the court can schedule a full hearing with both parties present. Urgency is the reason behind an ex parte order. If you are experiencing domestic violence, you might not be able to wait for a full hearing. You need the court to take action now.
At the hearing, you will:
- Present testimony – The judge will ask you to testify concerning the domestic violence you experienced in your home.
- Submit evidence – Evidence could include police reports, medical records, photographs of your injuries, threatening messages, witness statements, and more.
If the judge believes that it’s more likely than not that you are suffering domestic violence in your home, they will schedule a full hearing to consider whether or not to issue a permanent injunction. A temporary injunction only lasts for 15 days.
Restrictions on the accused
If the hearing is successful, the judge will place several restrictions on the accused. Typically, these restrictions include the following:
- No more acts of domestic violence
- Stay 500 feet away from the victim, their residence, office, etc.
- A no-contact order
- No attempts to contact you through a third-party
- Pay child support on time
- Attend domestic violence counseling
- Vacate the residence they share with the victim
- No visitation with shared children for the duration of the injunction
The court will issue the accused a copy of the injunction along with the nearest police department.
The full injunction hearing
The full injunction hearing will take place before the temporary injunction expires. This time, the accused will have the opportunity to attend and oppose the injunction using their own evidence. If the accused fails to attend, the court will issue a default judgment against them. The injunction could last for a variable length of time, even indefinitely, depending on the judge. If the judge issues a permanent injunction, the State of Florida will photograph and fingerprint the accused. They will have to pay the court a penalty between $50 and $500.
Talk to a Tampa, FL, Domestic Violence Lawyer Today
Westchase Law, P.A., represents the interests of parties to a domestic violence dispute. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.