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Archive of June 2014

June 19, 2014

Victim of Domestic Violence? Know your Rights.

If the court has granted you a temporary injunction against domestic violence, you are entitled to an evidentiary hearing.

A woman recently applied to the Seminole County Courthouse for a Domestic Violence Injunction for herself and on behalf of her minor child.When she appeared at the evidentiary hearing the case was dismissed as the court ruled because there was a pending criminal case against the Respondent which prohibited any contact with the victim/Petitioner as a condition of the Respondent’s bond.The Court stated “there is no good reason to have two of these at the same time” and “if the protection (of the conditions of the bond) goes away and you still feel you want an injunction you can file another one”.

The Petitioner timely filed an Appeal of the Final Order dismissing her injunction.Because the Petition had, in fact, alleged facts sufficient to establish that the Petitioner had reasonable cause to believe she was in imminent danger of becoming a victim of Domestic Violence the trial court erred in denying the petition without first holding a hearing.

The law is very clear. In Section 741.30(4) of the Florida Statues, states, “If the petition alleged either that the petitioner had reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, or that the Petitioner has been a victim of domestic violence then the court must hold a hearing on the petition at the earliest possible date”.

If you feel that you have been or are in danger of becoming a victim of domestic violence, call Pates Law Group for more information and assistance in this vital matter.

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