Attorney Antonio D. Quinn has extensive experience representing both Petitioners and Respondents in domestic violence Court in South Florida.  There is often overlap between Dissolution of Marriage cases and domestic violence injunction cases and domestic violence court is something of a hybrid between criminal and civil court.  A Petition for Protection against Domestic Violence is a civil matter per se, however a violation of a temporary or permanent domestic violence injunction can turn the civil case into a criminal matter.  The Court can enforce a violation of a domestic violence injunction through a civil or criminal contempt of court proceeding or in some cases a violation can be referred to the State Attorney's office and be prosecuted criminally as either a misdemeanor or a felony depending upon how many times the Respondent has violated the injunction.  Under Florida law, a person who willfully violates a domestic violence injunction is guilty of a first degree misdemeanor which is punishable by up to one year in the county jail.  A person who willfully violates a domestic violence injunction against the same victim three or more times may be charged with a third degree felony which is punishable by up to five years in Florida State Prison.  

Domestic violence attorney Antonio Quinn has dealt with all types of domestic violence injunctions.  It is an unfortunate fact that Petitioners do sometimes attempt to utilize domestic violence injunctions due to anger against an estranged spouse or lover without there being a sound legal basis for seeking the injunction.  By the same token, Petitioner's sometimes file a domestic violence injunction as a tool to gain a perceived advantage in a divorce or child custody case.  Attorney Quinn has had extensive experience in handling cases for respondent clients who have had domestic violence injunctions filed against them without a sound legal basis for seeking the injunction.  Having a domestic violence injunction filed against a person can have lifelong and far reaching consequences.  The filing of a domestic violence injunction is a public record that can follow a person for their entire life.  It can come up on background searches and can limit housing an employment opportunities.  It is for this reason that people who have been served with domestic violence injunctions need to take the matter or legal representation seriously.   Having a domestic violence injunction entered against a respondent can also hinder that individual's right to own firearms under Florida law.   Attorney Antonio Quinn has had numerous domestic violence injunctions dismissed by the court after demonstrating that the Petitioner has not met their legal burden.  Attorney Quinn has also been successful in having domestic violence injunctions sealed for clients in certain instances.  

Under Fla. Stat. 741.28 domestic violence is defined as any battery or aggravated battery, assault or aggravated assault, sexual assault, sexual battery, kidnapping, false imprisonment, stalking or aggravated stalking or any other criminal offense which results in physical injury or death of a family member or household member.  In order for a court to grant an injunction for protection against domestic violence, both the Respondent and the Petitioner must be members of the same household.  The phrase "family or household member"  includes spouses, ex-spouses, people who are related by marriage or by blood or persons who live together or formerly resided together as well as parents who have a child in common whether they reside together or not.   If a Petitioner cannot demonstrate that the Respondent fits into one of the categories outlined above, then the court will rule that they do not have the requisite standing to seek an injunction for protection against domestic violence.   A domestic violence petition may be filed in the jurisdiction where either the Petitioner or Respondent reside.  There is no minimum residency requirement in domestic violence court as there is in the family courts.  A Petitioner seeking a domestic violence injunction must be able to demonstrate to the Court that they are in imminent danger of becoming a victim of domestic violence or that they have been a victim of domestic violence by the respondent in the past.  

Temporary Domestic Violence Injunctions

A full hearing to determine whether or not a permanent injunction is warranted cannot be held at the outset of a domestic violence injunction case because time is required in order to serve the Respondent with the injunction.  When a Petitioner seeks a domestic violence injunction, the presiding Judge will decide based solely upon the allegations contained in the Petition whether or not to issue a temporary injunction.  When a Petition for an Injunction for Protection Against Domestic Violence Injunction is submitted to a Judge, the Judge can handle it several different ways.  The Judge can issue a temporary injunction which will remain in place and in full effect until a full adversarial hearing can be heard in the case which is usually held within 15 days of the issuance of the temporary injunction.  If a Judge issues a temporary injunction, then the Sheriff will serve the injunction upon the Respondent and if the two parties are residing together may require the Respondent to vacate the home if exclusive use and possession of the home was granted to the Petitioner by the presiding Judge.  Judges in domestic violence court are also authorized to enter a temporary parenting plan granting full custody to the petitioner when the two parties share a child in common.  This is an area of overlap between the domestic violence courts and the family courts.  In many jurisdictions, the same judges who handle domestic violence injunction cases handle family cases as well.  If the same two parties have a family law case such as a divorce pending at the same time that a domestic violence injunction is sought, then is in most cases required that the Judge handling the divorce case take jurisdiction over the domestic violence case as well.  This is done in order to avoid conflicting rulings by two different judges.  If a Judge does grant a temporary domestic violence injunction, then the respondent will be required to surrender any firearms that they may have in their possession to the local sheriff's office until a final hearing can be held.  

In some cases, if the Judge feels that the allegations raised in the Petition are not serious enough to warrant the issuance of a temporary injunction, they may decline to issue a temporary injunction but may still set the case for a final hearing 15 days down the road to determine if a permanent injunction is warranted.  Finally, in some cases, the presiding Judge may determine that the Petitioner has not met the minimum legal burden of proof and decline to issue a temporary injunction or to set a case for a final hearing.  This is one of the ways that judges weed out cases that have been filed for some other ulterior motive of other than a fear of domestic violence.  

In most Domestic Violence Injunction cases, particularly where a temporary injunction has been issued, a Final Hearing will be scheduled about 15 days from the date that the Petitioner completed the Petition for an Injunction for Protection Against Domestic Violence.  A Final Hearing in a domestic violence injunction case is a full adversarial hearing where both the Petitioner as well as the Respondent will have the opportunity to testify, call witnesses and introduce evidence to the Court in support of their respective positions.  It is highly advisable for any person be they a Petitioner or a Respondent to be represented by an experienced and competent domestic violence attorney at the Final Hearing.  A Final Hearing can be continued or postponed upon a showing of good cause by the party seeking the continuance.  If a temporary injunction has been issued in the case, then it will be kept in  effect until such time as a Final Hearing can be held.  If you are a respondent who has been served with a notice for a final hearing and you do not have time to find a domestic violence lawyer in time for the final hearing, then it is highly advisable for you to ask the judge to continue the case in order to give you time to find a domestic violence lawyer to represent you at the Final hearing.   If at the prior hearing, the Judge determines that the Petitioner has been the victim of domestic violence or is in imminent danger of becoming a victim of domestic violence, then a permanent injunction for protection against domestic violence may be entered by the Court.  Pursuant to entering a permanent injunction, the judge may grant such relief as restraining the respondent from committing acts of domestic violence upon the Petitioner, granting 100% time sharing of any minor children to the Respondent, granting exclusive use of a shared home, suspending the Respondent''s right to own or possess a firearm, and possibly ordering that the Respondent participate in counseling and treatment centered around domestic violence such as a batterers intervention program.  

Fort Lauderdale Domestic Violence Lawyer

If you are either a Petitioner who is seeking an injunction for protection against domestic violence or a Respondent who has been served with a court notice or a temporary domestic violence injunction, it is absolutely imperative that you retain an experienced domestic violence lawyer to present your case to the court.  The rules of evidence apply in a domestic violence hearing and a person unfamiliar with the rules of evidence will simply not be able to effectively present their case to the Court without the representation of a domestic violence attorney.  Our firm offers free case evaluations to individuals who are either a Respondent in a domestic violence injunction case as well as to people who are seeking that a domestic violence injunction be issued by the Court on their behalf.  If you are a party to a domestic violence case or are seeking an injunction, contact Quinn Law PA today at (954) 463-0440 today to set up a free case evaluation.