What are Ex Parte Domestic Violence Injunctions?

In Florida, those who have been, or believe that they are in danger of becoming the victim of domestic violence, have the right to file a request for an injunction. These requests often take the form of an ex parte petition, which means that the petitioner doesn’t immediately need to attend a hearing. Instead, these matters are decided by a judge, who typically reviews the request on the same day that it is filed. If granted, ex parte injunctions only last for a couple of weeks, at which point, the parties involved will need to attend a hearing on the issue of a permanent injunction.

Although temporary, ex parte injunctions can still have devastating consequences for those who have been falsely accused of domestic violence. To learn more about the scope of an injunction that is already in place, or for help convincing a judge that a permanent injunction is inappropriate in your case, please call one of the dedicated Clearwater domestic violence lawyers at our office today.

When are Ex Parte Injunctions Issued?

Ex parte injunctions are temporary restraining orders that are usually only issued in emergency situations, primarily when a petitioner is looking for immediate relief. Generally, a judge will review these requests on the day that they are submitted, basing his or her decision on the verified pleadings and affidavits that were submitted with the petition. Only when a petitioner has provided ample evidence of an immediate and present danger of domestic violence will a judge issue an ex parte injunction.

What if a Court Denies the Petition?

Just because a court denies a petitioner’s ex parte injunction does not mean that the respondent is out of the woods. In fact, if a court bases its decision on the lack of an immediate danger to the petitioner, it is still required to hold a full hearing where the petitioner can seek a reversal of the decision.

What do Ex Parte Injunctions Cover?

Ex parte injunctions can include a wide range of restrictions for a respondent, who can be:

• Barred from using a shared dwelling;
• Barred from coming within 100 feet of the petitioner’s vehicle;
• Forbidden from contacting the petitioner; and
• Excluded from the petitioner’s place of employment or school.

Ex parte injunctions can even prohibit a respondent from seeing his or her children. It is especially important, with so much at stake, for those who have been wrongfully accused of domestic violence, to speak with an attorney about defending themselves against these kinds of allegations.

How Long do Ex Parte Injunctions Remain in Effect?

Ex parte injunctions, because they are issued so quickly, are considered temporary. In most cases, these injunctions will remain in effect for no more than 15 days. Furthermore, the respondent, or the person accused of domestic violence has the right to a full hearing on the issue of a final injunction before this deadline.

Experienced Domestic Violence Lawyers in Clearwater

If you were unfairly accused of domestic violence and have been ordered to comply with an ex parte injunction, please call Cairns Law at 727-683-1472 to speak with a dedicated attorney about defending your rights.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.30.html