This information was provided by the Supreme Court, Office of Court Improvement, adopted and edited by the 12th Judicial Circuit. 91-224; s. 6, ch. 2d 1049, 1084 (Fla. 1995), order clarified, 667 So. Ryan Alcon, Appellant, v. Emmaline Collins, Appellee. 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In a recent case from Polk County, the Second District Court of Appeal threw out an injunction because the womans evidence amounted to one incident from a long time ago that only indicated a relationship gone awry, rather than an imminent threat of violence. It follows the elements and requirements under common law. Did you have an expectation of affection or sexual involvement with the other person? What this means is that you do not even have to be a victim yet to get an injunction. 95-195; s. 4, ch. Limit contact or communication with the child victim, other children in the home, or any other child. We are located in Orlando but represent clients all over Orange County and Seminole County. If you can afford an attorney or if legal aid is available, it is always best to get legal assistance. Rule 1.610 - INJUNCTIONS (a) Temporary Injunction. If you feel you have been stalked, harassed, threatened, the victim of violence or are in imminent danger of becoming a victim of violence by the other person, you have the right to petition the court for an injunction against the other person in your case. After you complete the forms, submit them to the clerks office. SPARCC 24-Hr. The Rules of Evidence, of course, are based on English common law and are designed to keep bad evidence out and good evidence in. The ex parte order for involuntary examination must be based on written or oral sworn testimony that includes specific facts that support the findings). The department shall attempt to avoid the placement of a child in an institution whenever possible. See FS 790.401(3)(c). Once again, at the natural expiration of the injunction, the injunction would automatically terminate, and the respondents rights fully restored. Florida, like all states, has a statute creating the requirements of injunctive relief in general. Have you and the other person dated each other in the last six months? At your hearing, you will have a chance to talk to the judge about what the other person said you did or alleged in the petition. Clear and convincing is the burden of proof just below the highest burden of proof standard in America, i.e. 741.24. Do you and the other person have a child together? Contact attorney Tim Baldwin today at (800) 822-5170 to set up a consultation. The petition of the injunction requires one instance of the activity to occur . Proof of Income - If you are asking for child support or alimony; you must bring a financial affidavit or proof of income; pay stubs, tax return,etc. Your ability to purchase and possess weapons and ammunition is affected. ; Amend. If you answered yes to either of these domestic violence questions, then you can file a petition for an injunction for protection against domestic violence. Sarasota- (941) 861-4400 The respondents unconditional right to request a second hearing is unique in civil and criminal process. The standard for issuing an ex parte injunction is. Contact means: in person, by phone calls, emails, text messages, letters, sending gifts, talking in public places, and sending messages or having others talk to the other person for you. that pertain to the incident described in the papers. If you object, a full hearing will be held. Call us today at (407) 344-4837 for a free consultation and discuss your legal options with a seasoned attorney. (You may be sentenced to up to one year in jail.). Notice that the petitioner must have personal knowledge that the respondent poses a significant danger to himself or others. The petitioner must: Like all petitions, if the elements and facts necessary to state a cause of action are not stated, the court can dismiss the petition sua sponte. This has caused confusion, misperception and mistakes among the public and for persons who may have been affected by the new law. You may seek the advice of an attorney as to any matter connected with this order., Clear and convincing evidence differs from the greater weight of the evidence in that is more compelling and persuasive. The Burden of Proof is much lower in a Civil Action than a criminal action. 99-5; s. 14, ch. In most cases, a court has the authority to enter an ex parte injunction just based on the petition itself. (g)A final judgment on injunction for protection against domestic violence entered pursuant to this section must, on its face, indicate that it is a violation of s. 790.233, and a first degree misdemeanor, for the respondent to have in his or her care, custody, possession, or control any firearm or ammunition. This adds another layer of protection for the respondent to protect his rights. The information contained on this site is not intended to be a substitute for legal advice. 394.467Involuntary inpatient placement.. If you only dated the other person, you may not qualify for a domestic violence injunction. Types of injunctions: Domestic Violence Domestic Violence Guide: Florida Family Law. 741.28. Before you agree, read the potential consequences listed under the heading WHAT ARE THE CONSEQUENCES IF A FINAL INJUNCTINO FOR PROTECTION IS ENTERED AGAINST YOU?. These injunctions are designed to give the victim legal protection from further harm by placing restrictions on the freedom of the abuser. 97-155; s. 3, ch. FS 394.463(2)(a) (An involuntary examination may be initiated by any one of the following means: 1. In other words, to make evidence competent, substantive, relevant and credible, so that a fair and just order can be made accordingly. The type of injunction that you can file depends on your relationship with the other person and what has happened. Contact the Clerk of Court or Court Administration if you require an interpreter for your hearing. An injunction is a court order against another person who has been physically violent with you and/or has placed you in fear of physical violence. List all of the places that the other person may be, so that law enforcement can serve him or her.
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