Valrico Divorce Attorneys often advise their clients in cases where domestic violence, stalking or threats are taking place to seek an injunction preventing their ex from having any further contact with them. An injunction is a court order that requires a party to do something or refrain from doing something. Here, obviously the injunction is to prevent the other party from contacting them. There are temporary injunctions and permanent injunctions. The person seeking the injunction is called a petitioner, while the person the injunction is filed against is called a respondent. Our firm has experience in assisting folks, like you, getting and defending injunctions. We also understand that many times people seeking injunctions have limited financial resources and will work with you to get the protection you need from an abusive spouse.
Many times, the parties are able to stipulate to a no-contact order between the parties. This will save the parties the time and cost of an injunction hearing. More importantly, if the parties are somewhat cordial, an agreement between the parties may keep them from having to attend a confrontational hearing, where the specifics of their relationship will be aired publicly. This is even more concerning where extramarital activities are available.
It is worth discussing that many times parties will seek to do some basic discovery where there are especially heinous allegations. In these cases, the parties will likely choose to take depositions of the parties or subpoena records, especially phone records. Phone and text records often take center stage in cases where the Respondent is alleging that the Petitioner is still having contact with them and is obviously not in fear of them.
According to Florida Statue Section 741.30, a person seeking an injunction a person must have been the victim of domestic violence or must have a reasonable belief that he or she is in imminent danger of becoming a victim of domestic violence. A petition for an injunction can be filed through the clerk of court. Ultimately, the Court will then set a return hearing to determine whether the injunction is to be entered on a permanent basis. Injunctions can be indefinite or for a specific term of years.
The Valrico Divorce Attorneys of Hackworth Law have experience in preparing and arguing these injunctions and offer free case consultations. If you would like to contact one of our Valrico Divorce Attorneys, please use the “contact us now” tab in the upper right hand corner of our website. We appreciate your time in reviewing our website and look forward to hearing from you.