Domestic Violence Injunction Hearings: What to Expect in Court

A domestic violence injunction hearing can have immediate and long-lasting consequences. These hearings often determine whether a temporary restraining order becomes permanent, whether you can return to your home, and whether you can have contact with your children. Many people walk into injunction hearings unprepared, not realizing that the outcome can shape both criminal and family law cases moving forward.

At Lindsay Chase Law Firm, we represent clients on both sides of injunction proceedings. This guide explains how domestic violence injunction hearings work in Florida, what the court considers, and why legal representation matters from the start.

What Is a Domestic Violence Injunction in Florida?

A domestic violence injunction, commonly called a restraining order, is a civil court order intended to protect individuals who allege they are victims of domestic violence or in imminent danger of becoming victims.

Under Florida Statute §741.30, a person may petition the court for an injunction if they allege domestic violence by a family or household member or show reasonable cause to believe such violence is imminent [1].

Domestic violence under Florida law includes offenses such as assault, battery, stalking, kidnapping, or false imprisonment between qualifying parties.

Temporary Injunctions and the Role of the Hearing

Most cases begin with a temporary injunction. This order is often issued the same day the petition is filed, without the accused person present. Temporary injunctions can:

Prohibit all contact (direct and indirect)
Remove the respondent from a shared residence
Restrict firearm possession
Impose distance requirements
Revocation of clearances like TSA pre-check
Can limit your ability to see children in common

Florida law requires the court to schedule a full injunction hearing within 15 days of issuing a temporary injunction [1]. However, often times the final hearing gets schedule much later due to the heavy caseloads of the courts. Therefore you can go months without seeing your children and being able to return home, EVEN IF YOU ARE THE SOLE OWNER OF THE HOME.

This hearing is the respondent’s first opportunity to contest the allegations.

What Happens at a Domestic Violence Injunction Hearing?

An injunction hearing is a formal court proceeding. Both parties have the right to present evidence, testify, and call witnesses.

The judge will typically:

Hear testimony from the petitioner
Hear testimony from the respondent
Review documentary or physical evidence
Evaluate credibility and consistency

Unlike criminal trials, injunction hearings use a lower standard of proof and there is no jury. The petitioner does not need to prove allegations beyond a reasonable doubt. The court only needs to find competent, substantial evidence supporting the need for protection.

Evidence Commonly Used in Injunction Hearings

Evidence plays a central role in these hearings. Courts may consider:

Testimony from both parties
Text messages, emails, or call logs
Photographs of injuries or property damage
Medical records
Witness testimony

Judges often weigh credibility heavily. Inconsistencies, exaggerations, or lack of corroboration can influence whether an injunction is granted or denied.

Possible Outcomes of the Hearing

After hearing the evidence, the judge may:

Dismiss the injunction
Modify the injunction
Enter a permanent injunction

A permanent injunction can last indefinitely unless modified or dissolved by the court.

Permanent injunctions may include:

Continued no-contact provisions
Firearm surrender requirements
Restrictions on residence or workplace proximity
Parenting or visitation limitations

Violating a permanent injunction is a criminal offense under Florida Statute §741.31 and can result in arrest and criminal prosecution [2].

How Injunction Hearings Affect Criminal and Family Cases

Injunction proceedings are civil matters, but their impact extends far beyond civil court.

Injunction findings may affect:

Pending or future criminal charges
Child custody and time-sharing decisions
Firearm rights
Employment and housing opportunities

Family law courts often consider the existence of an injunction when determining custody under Florida Statute §61.13, particularly when domestic violence is alleged [3].

Statements made during an injunction hearing may also be used in related criminal cases.

Why Legal Representation Is Critical If You Are the Petitioner

Many petitioners assume injunction hearings are informal and they won’t be held to the same rules as attorneys. This is a costly mistake.

An experienced attorney can:

Properly introduce evidence
Help prepare you for testimony at the hearing
Gather evidence to help support issuance of an injunction
Work with State attorneys office to seek criminal prosecution
Seek additional protections not included in the petition

Because injunction hearings occur quickly, preparation time is limited. Early legal involvement is often the difference between dismissal and a permanent injunction.

Why Legal Representation Is Critical If You Are the Respondent

Many respondents assume injunction hearings are informal or low-risk. This is a costly mistake.

An experienced defense attorney can:

Cross-examine the petitioner
Challenge credibility and inconsistencies
Object to improper evidence
Present counter-evidence effectively
Protect against self-incrimination

Because injunction hearings occur quickly, preparation time is limited. Early legal involvement is often the difference between dismissal and a permanent injunction.

Modifying or Dissolving an Injunction

Even if a permanent injunction is entered, it may later be modified or dissolved. Florida law allows either party to request modification based on changed circumstances [1].

Courts may consider:

Passage of time
Compliance with court orders
Absence of further incidents
Mutual requests for modification

Requests must be handled through proper legal motions. Direct contact with the protected party remains prohibited unless the court orders otherwise.

Protecting Your Rights at an Injunction Hearing

Domestic violence injunction hearings move fast and carry serious consequences. The outcome can affect your freedom, your family, and your future.

At Lindsay Chase Law Firm, we approach injunction cases with urgency and precision. We prepare clients for testimony, challenge unsupported allegations, and work to protect long-term rights beyond the hearing itself.

If you are facing an injunction hearing or have been served with a restraining order, call 954-737-0820 today for a confidential consultation. Early preparation matters.