Dealing with domestic violence, or the future threat of domestic violence, is a stressful and taxing situation. When taking your domestic violence grievances to court, you will want to consult a domestic violence lawyer in order to understand the entire process. The proceedings for a domestic violence injunction hearing are similar to other procedures in a courtroom. So if you consult a competent lawyer, like Mark E. Sawicki, P.A., you will be better prepared for all aspects of the hearings.
How are domestic violence injunction hearings performed in Florida?
Domestic violence injunction hearings are similar to many other court proceedings. Understanding the process is in your best interest. In Florida, the respondent of a petition for protection against domestic violence(restraining order) has the right to have their case heard in front of a judge at a bench trial with no jury. The judge will hear testimony and will review all the presented evidence from both the petitioner and respondent. The judge relies on this evidence and testimony to determine if an injunction should be granted. Because the judge has the evidence and testimony to review, opening statements are usually not used in domestic violence injunction hearings. However, a closing argument is normal and is the last argument for the petitioner and respondent to make their claims.
Who decides the result of a domestic violence injunction hearing?
The judge is the final deciding factor in a domestic violence injunction hearing. There is no jury, so it is on the petitioner of the injunction to establish that they are a victim of domestic violence and/or they feel they are in imminent danger of being a victim of domestic violence. This is done through testimony, evidence, and the closing arguments presented to the judge. Once the judge has made their decision, a permanent or temporary injunction may be issued immediately upon his ruling.
I am concerned I am a victim of domestic violence, what should I do?
If you have immediate fear of domestic violence, call the police. If you are safe in your being to handle things in court, get in touch with a domestic violence lawyer in your area. If you live in Florida, get in contact with the law offices of Mark E. Sawicki, P.A. immediately. The team at Sawicki Law will be able to help you navigate the legal waters to get your case heard and resolved.
Domestic violence is never ok. You do not have to put up with domestic violence, and you should never be in fear of your well being from anyone. This is why domestic violence injunction hearings are a vital part of protecting yourself from possible domestic violence. These cases weigh heavily on people and it is important to understand that having a qualified domestic violence attorney on your side is the best way to have your interests properly represented to the judge. If you are looking to get a domestic violence injunction hearing in Florida, call Mark E. Sawicki, P.A. to fight for you.