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Injunction for Protection in Pasco County

If you were served with an injunction for protection to be heard at the courthouse in New Port Richey or Dade City, FL, then you have come to the right place. The attorneys at Sammis Law Firm provide aggressive and experienced representation to the Respondent in such cases who wishes to contest the allegations.

Florida law provides for several different types of injunctions including injunctions for protection including protection from:

  • domestic violence
  • dating violence
  • sexual violence
  • repeat violence
  • stalking or cyberstalking violence
  • the exploitation of the elderly

The most common types of petitions filed in Pasco County, FL, are for domestic violence.

Any person who is the victim of domestic violence or who reasonably believes that he or she is in imminent danger of becoming the victim of domestic violence may file a petition for an injunction for protection against domestic violence as provided by Florida Statute Section 741.30(1), F.S.

For purposes of filing a petition for protection from domestic violence, Section 741.28, F.S., defines the term “domestic violence” as:

“any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

The sworn petition must allege the existence of domestic violence and include specific facts and circumstances upon which relief is sought. See Florida Statute Section 741.30(3), F.S.

Attorneys for Injunctions for Protection in Pasco County, FL

The attorneys at Sammis Law Firm represent the respondent who is served with a petition for protection against violence. If the allegations are false or exaggerated, we can help you contest the case at the hearing.

We are experienced in contesting all types of injunctions for protection, including those alleging domestic violence, dating violence, sexual violence, repeat violence, stalking violence, or exploitation of the elderly.

In Pasco County, FL, the injunction hearings are held at the courthouse in New Port Richey or Dade City, depending on where the petition was filed.

Contact us to discuss your best defense. Call 813-250-0500.

Procedures after the Petition for Protection is Filed

Upon the filing of the petition, the court must set a hearing at the earliest possible time. s. 741.30(4), F.S. If it appears to the court that an immediate and present danger of domestic violence exists when the petition is filed, the court may grant a temporary injunction ex parte. s. 741.30(5)(a), F.S.

The court may grant such relief as it deems proper, including an injunction restraining the respondent from committing any acts of domestic violence, awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner, and providing the petitioner a temporary parenting plan. s. 741.30(5), F.S.

The only evidence admissible in the ex parte hearing is verified pleadings or affidavits, unless the respondent appears at the hearing or has received reasonable notice of the hearing. s. 741.30(5)(b), F.S.

Temporary injunctions are only effective for a fixed period that cannot exceed 15 days. s. 741.30(5)(c), F.S. The hearing on the petition must be set for a date on or before the date when the temporary injunction expires. The court may grant a continuance of the hearing for good cause, which may include obtaining service of process. A temporary injunction must be extended, if necessary, during any period of continuance. s. 741.30(5)(c), F.S.

At the hearing, specified injunctive relief may be granted if the court finds that the petitioner is:

  • The victim of domestic violence; or
  • Has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.

If the petition is insufficient, the court must dismiss the petition. Importantly, where the petition is dismissed as insufficient, the respondent is not notified of the petition. Alternatively, the court may dismiss the petition at the hearing.

Motion to Modify an Injunction for Protection

If the injunction is ordered, either petitioner or the respondent can later request that the court modify the injunction pursuant to Rule 12.610(c)(6) which provides:
“The petitioner or respondent may move the court to modify or vacate an injunction at any time.”). See also § 784.046(10), Fla. Stat.

Likewise, under § 784.046(7)(c), “[e]ither party may move at any time to modify or dissolve the injunction. Such relief may be granted in addition to other civil or criminal remedies.”).

In Simonik v. Patterson, 752 So. 2d 692, 693 (Fla. 3d DCA 2000), the court found that the “terms of a permanent injunction must be confined to what is required by the circumstances justifying the injunction.”

When seeking modification of an injunction for protection against domestic violence, dating violence, repeat violence or sexual violence, the movant has the burden of establishing a change in circumstances such that equity requires the modification to ensure that the victim remains protected as was contemplated when the injunction was originally entered. See Reyes v. Reyes, 104 So. 3d 1206, 1207 (Fla. 5th DCA 2012).

In other words, the party requesting the change must show that the circumstances justify the injunction being changed because the terms of the injunction are no longer equitable.”

Additional Resources 

Petition for Injunction for Protection Against Domestic Violence – Visit the website of the Florida Courts to find Instructions for Florida Supreme Court Approved Family Law Form 12.980(a) (11/15).

This article was last updated on Friday, June 8, 2018.

 

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