If you have been served with a petition or a temporary injunction for protection against domestic violence, the next two weeks matter. I represent respondents in these hearings in Hillsborough, Pinellas and Pasco counties. Call me for a free consultation at (813) 228-6001, and do not contact the petitioner while we work on it.
What the petition has to say
A domestic violence injunction is a civil case filed in circuit court. The petitioner must be a victim of domestic violence or have reasonable cause to believe they are in imminent danger of becoming one, and the petition must be sworn under penalty of perjury. It must allege specific facts and circumstances, and it must tell the court about any other case pending between the two of you.
The respondent must be a family or household member, which the statute defines as a spouse or former spouse, someone related by blood or marriage, someone who lives or lived with the petitioner as if a family, or a parent of a child in common, whether or not they were ever married. Except for parents of a child in common, the two of you must currently live, or have lived, in the same single dwelling unit. That applies to spouses and relatives too.
The petition must also allege domestic violence as the statute defines it: assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death.
How the case moves
When the petition is filed, the court sets a hearing at the earliest possible time. If it appears there is an immediate and present danger of domestic violence, the judge can grant a temporary injunction without you present, based only on the sworn petition, unless you appear or had reasonable notice of the hearing. A temporary injunction lasts up to 15 days, and the full hearing must be set by the time it ends. In my experience the hearing is usually set 10 to 14 days after the temporary injunction is granted.
A continuance can be granted for good cause, including to obtain service, and the injunction stays in effect during the continuance. Most judges will continue the final hearing so I can investigate the allegations, conduct discovery, and, where a related criminal case is pending, resolve the criminal case first. Every judge has preferences, but that is the general rule.
What the court can order
After a hearing, the court can restrain you from committing acts of domestic violence and can give the petitioner exclusive use of the shared home. If you have children, the court can also enter a temporary parenting plan, which can give the petitioner up to 100 percent of the time-sharing, and can order temporary support. It can also require treatment, intervention or counseling at your expense, award the petitioner an animal, and order other relief it considers necessary. If a family court case under chapter 61 follows, its orders take precedence over inconsistent provisions of the injunction.
In deciding whether the petitioner has reasonable cause to fear imminent danger, the court must consider all relevant factors alleged in the petition. The statute lists, among others, the history between the two of you (including threats, harassment, stalking and abuse), whether you used or threatened to use weapons, whether you have a criminal history involving violence, any previous order of protection, property destruction, and any pattern of abusive, threatening, intimidating or controlling behavior over a period of time, however short. The court is not limited to the listed factors.
The court must order a batterers’ intervention program in three situations unless it makes written findings that it would be inappropriate: it finds you willfully violated the ex parte injunction; you have a prior conviction, withhold or no contest plea in any state for a crime involving violence or a threat of violence; or you had a prior injunction entered against you after a hearing with notice.
A final injunction stays in effect until it is modified or dissolved, and either side can ask the court to modify or dissolve it at any time. The court cannot issue mutual orders of protection. The proceedings are recorded.
What I tell my clients
- No contact once you are served. None. No calls, texts, messages through friends, or social media. A violation can become a criminal charge. See violation of injunction and stalking. If you share a residence with the petitioner, courts will generally allow a one-time visit to the shared residence if I ask the court for it. Do not go back on your own.
- Do not possess firearms while the case is pending. If you have any, I recommend giving them to a close relative or friend who can lawfully have them, and keeping them where you have no access. Do it before the hearing. A final domestic violence injunction brings a separate firearms misdemeanor under 790.233. Federal law can also restrict firearm possession by someone subject to certain protective orders, so Florida’s statute isn’t the only rule to worry about.
- Do not delete anything. Texts, social media posts, voicemails, call logs, photos and emails are often the most important evidence in the case.
- Do not post about the case or the petitioner.
How I handle the case
I do a thorough review and investigation of every allegation in the petition. Witnesses with relevant knowledge help, and so do communications between the parties: texts, social media posts, phone messages and calls. I read the petition against the rest of the record, look at the timing of the allegations, and test them on cross-examination. Where it helps, I conduct discovery before the final hearing.
Whether you testify is decided case by case. If there is a criminal case pending, I often advise a client not to take the stand, because anything you say can be used in the prosecution. In other cases your testimony is important, and we prepare for it.
Other kinds of injunctions
Florida also has injunctions for protection against stalking and cyberstalking, repeat violence, dating violence and sexual violence. They work in a similar way: a temporary injunction for up to 15 days, a full hearing, and a final injunction that stays in effect until modified or dissolved. I handle those too.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the petition and what comes next. The consultation is free.
Should I talk to the petitioner, the police or the prosecutor before I call you?
No. Anything you say can be used in the case. Call me first.
What should I bring to the consultation?
Bring everything you were served with, including the petition, any temporary injunction and the notice of hearing. Bring any texts, messages, call logs or posts between you and the petitioner, and a list of anyone who saw or heard what is alleged. Do not delete anything.
Do you represent petitioners?
Mostly I represent respondents, and I also take some petitioner cases.
Where do you handle these cases?
In Hillsborough, Pinellas and Pasco counties.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 741.28, 741.30, 741.31, 790.233.
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: violation of injunction and stalking, domestic violence, battery, and assault.