When someone believes they are the victim of violent or abusive behavior at the hands of the other, Florida law allows them to seek a civil injunction. The person applying for the injunction is called the petitioner, while the person against whom the injunction is sought is the respondent.
But what is an injunction? Injunctions prohibit respondents from taking certain actions against the petitioner for as long as the injunction lasts. Typical terms prohibit the respondent from contacting the petitioner, stalking the petitioner, and being around the petitioner’s place of work or residence.
Both petitioners and respondents measure success at injunction hearings in different ways. However, the strategies for how to win an injunction hearing in Florida for both parties are essentially the same. Whether you are petitioning for an injunction or defending against one, it’s vital to understand how injunctions work and what you can do to achieve a favorable outcome.
In Florida, a petitioner can file four primary types of injunctions. The type of injunction a petitioner files depends on the relationship between the petitioner and the respondent.Â
A domestic violence injunction is available for two parties who live together at any time as part of a family unit or have a child in common. Dating violence injunctions can be filed if the two parties share a romantic or sexual relationship. Before either type of injunction can be granted, there must be evidence the other person committed or threatened an act of violence.
Sexual violence and repeat violence injunctions do not require proof of any special relationship. However, both require evidence of specific acts of violence before either will be granted. For sexual violence injunctions, there must be proof the other party committed one or more specific sexual crimes.
A court will not grant a repeat violence injunction unless the other party has threatened or committed two or more acts of violence. This type of injunction can also be granted if the other party has engaged in a pattern of stalking behavior. Also, one of these acts must have occurred within the previous six months.
You might be surprised to receive an injunction notice, but it is critical to put such feelings aside and review it carefully. The injunction notice will contain important information you should familiarize yourself with, starting with the petitioner's name. This is the person toward whom any protections are directed.
Even unintentional violations of an injunction can result in civil or criminal penalties. Contacting the protected person when the injunction prohibits you from doing so can lead to fines and jail sanctions. Such violations could also lead the court to impose more restrictions on you.
You will also want to take note of the next hearing scheduled in the matter. Failing to file a response, request a continuance, or appear in court can lead to a default judgment in favor of the other party. If you are the respondent, you can be subject to restrictions and prohibitions for a prolonged period of time.Â
Remember any special limitations contained in the injunction. For example, you may be prohibited from carrying or possessing weapons while the injunction is in force. This can impact your employment if you must carry a gun or other weapon for work. Certain professional licenses may also require that you report the injunction to the licensing board.
If you are the respondent and have received an injunction, you should prepare and submit a written response before your hearing date. This written response is your first opportunity to outline your defense to the court and suggest to the judge that there may be more facts to consider than just those provided by the petitioner.
An experienced lawyer is crucial to helping you prepare your response. An effective written response will describe the situation using specific evidence, such as dates, times, locations, and individual witnesses. You’ll want to avoid attacking the petitioner or court in your response and don’t admit to doing anything wrong unless your attorney advises otherwise.
You must act quickly; you may have only 15 days to respond. If you cannot file your response in that time, you may want to request a continuance of the hearing. You will have additional time to gather your thoughts and prepare a well-written response if granted. You may also seek a modification or dissolution of the injunction.
Remember any special limitations contained in the injunction. For example, you may be prohibited from carrying or possessing weapons while the injunction is in force, which can impact your employment if you must carry a gun or other weapon for work. Certain professional licenses may also require that you report the injunction to the licensing board.
Both petitioners and respondents will want to take certain steps to present a compelling case at the injunction hearing. For either party, securing witness testimony can be critical. Witnesses with knowledge of the events should be subpoenaed and prepared to testify about what they know.Â
It is also important to gather evidence and documents that support your position. Text messages, social media posts, and voicemails can all substantiate your story. Additionally, you’ll want to ensure you understand the legal arguments relevant to your case. Â
Thorough preparation plays a key role in the outcome of an injunction hearing. The more credible evidence you have to substantiate and support your testimony, the more likely the hearing will go your way.
Once you have gathered your evidence and witnesses, it is time to present them effectively at your hearing. Some types of evidence are more compelling than others, such as photos, messages, and other concrete documentation. Emphasize this evidence to present a more persuasive case.
Organizing this evidence in a meaningful way is also important. Ensure that any evidence you present is relevant and that you or other witnesses explain its context. For example, do not just introduce a text message from the respondent. Instead, testify or elicit testimony about what preceded the text message, how it made you feel, and what you did as a result.
Work with your lawyer to discuss issues regarding evidence admissibility. Not all evidence or witness testimony can be admitted at your injunction hearing. Considering what evidence may be excluded beforehand can help you make your presentation with fewer disruptions.
If you are the petitioner, your most effective strategy for having the injunction upheld and extended can be to use evidence and witnesses to demonstrate specific instances of violence and abuse. Showing that the respondent poses a threat to you through these specific instances speaks much more loudly than simply calling the respondent a threat.
As a respondent, one of the most effective strategies you can employ to defeat an injunction is to attack the credibility of the other party and their witnesses. You can do this by pointing out inconsistencies in testimony or between witness testimony and other evidence. However, do not forget to present evidence and witness testimony supporting your position.
In either case, leveraging any relevant legal precedents can be helpful.
As a petitioner, you are free to petition the court at any time for a modification or dissolution of your injunction. You may consider doing this if you feel the injunction is no longer necessary or if the imposed conditions no longer serve your needs.Â
While an injunction can be dissolved without needing a contested court hearing, modifications are handled differently, and the respondent must be given a chance to object to the proposed modification.
Respondents can also request that the injunction be dissolved or the terms modified. However, unless the petitioner agrees to the request, a hearing will need to be held at which the petitioner can object to the modification or dissolution.Â
As a respondent, you will need to prove that circumstances have changed since the injunction was originally issued such that the original terms are no longer meaningful.
In emotionally charged injunction hearings, it is easy for petitioners and respondents to make mistakes.Â
One of the most common errors that either party can commit is failing to present evidence and other credible witnesses supporting their position. Relying on your testimony alone can make it difficult for the judge to rule in your favor, especially if the other party does not produce evidence.
You should also avoid becoming overly emotional or personal when presenting evidence. Personal attacks against the other party are not effective in achieving your objectives. Remain focused on the facts of specific situations that prove your position rather than attempting to convince the judge with emotional appeals.
Another common mistake is failing to understand that you must prove the essential points of your position by a preponderance of the evidence, which can lead you to make ineffective use of your time before the court. Knowing that you must show your assertions and claims are more likely true than not can also help you better appreciate the need for other witnesses and evidence to corroborate your claims.
A party dissatisfied with the result of an injunction hearing can appeal the judge’s decision within 30 days. An appeal does not entitle you to a new hearing or an opportunity to present additional evidence. Instead, the appeals court will review the hearing transcript and any evidence presented when deciding.
Consequently, you may not be successful if you decide to appeal because you believe the trial court improperly weighed the evidence or believed the wrong witnesses. These are factual determinations, and appeals courts regularly defer to the lower court’s decisions on these matters.
However, a court that applied the wrong legal standard or did not follow legal precedent can and should be appealed. The appellate court can affirm the trial court’s judgment or send the case back for a new hearing.
A Florida injunction lawyer works to clarify the issues involved in the matter, develop and implement an investigative strategy, and present your arguments in court. An attorney can obtain discovery that is helpful and relevant more quickly, and they are better able to introduce such evidence with ease and effectiveness in court.
Your attorney can also give you confidence about the path ahead, previewing how your injunction hearing will likely play out and the outcome you can expect. By offering strategic advice and advocating on your behalf, your lawyer can improve your chances of securing a favorable outcome.
If you’re facing an injunction in Florida, seeking professional legal advice is vital. The seasoned team at The Denson Firm has years of experience handling injunction cases. We can help you navigate this complex process and develop an effective strategy tailored to the unique circumstances of your case in Pinellas County.
Contact The Denson Firm today to schedule a consultation with an experienced Florida civil injunction lawyer.
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