The Process:
1. Filing: After you file your paperwork it will be forwarded to a judge for review.
2. The temporary injunction: A judge will review the petition and decide whether or not to grant a temporary injunction on an emergency basis.
When granted, the temporary injunction shall be in effect for 15 days unless extended by a court order. The temporary injunction is valid and enforceable in all courts of the State of Florida. The temporary injunction will address matters of contact between the parties, temporary use and possession of the home and temporary custody of the minor child(ren). A “return” hearing will be scheduled with notice given to the other side at which time the court will decide whether to extend the injunction.
Note: If the temporary injunction is denied, the Court may still set a hearing at which the judge will consider entering a permanent (non-emergency) injunction.
3. The return hearing: At the return hearing the judge will hear the facts of the case and decide whether a final judgment of injunction will be granted. A final judgment of injunction can be granted for any length of time, or can be permanent.
4. Final Judgment of injunction: A final injunction may – depending on the type of action filed – address provisions for contact, temporary exclusive use and possession of the home, temporary support, temporary custody and visitation with the parties’ minor child(ren) and payment of temporary child support. The custody, support, and visitation issues may be heard on the day of the hearing or referred to a magistrate to be heard at another time.
The final judgment of injunction is valid and enforceable in all courts in the State of Florida. Under the injunction, the judge may order that a respondent enter and successfully complete an anger management course, mental health evaluation, drug screening or certified batterer’s intervention program.
5. Violations: If you feel that the other party has violated the contact provisions of the temporary or final judgment of injunction, you may go to the Domestic Violence desk in the clerk’s office and file an affidavit of violation or other appropriate pleading.
Your affidavit will be reviewed by a judge and may either be set for a Civil Court hearing or referred to the State Attorney’s Office to be pursued as a criminal violation of the injunction. You may also report violations to law enforcement agencies.
6. Enforcement: If the final judgment of injunction for domestic violence awards child
support, custody or visitation and the other party is not complying with those provisions you may contact the clerk of Court, Domestic Violence desk, regarding a motion to enforce.
7. Modifications: The motion for modification of an injunction form is available at the
clerk’s office. Either party may file a motion for modification if they feel there is some portion of the restraining order that needs to be modified. Modifications can be requested because of a change in circumstances, work place, etc. A hearing may or may not be set on a motion for modification.
8. Requests for Dismissal: Either party may file a motion to dismiss the injunction. A judge will review the motion. If necessary, a hearing may be set on the request for dismissal.
9. Other court proceedings: Although a final injunction may be entered as a permanent order, provisions for child support and visitation are considered to be temporary only. Those issues are better disposed of in dissolution of marriage case (for married parties) or paternity case (for unmarried parties). The injunction should not be used as a substitute for those legal actions.
