How Do I Win an Injunction Hearing in Florida?
To increase your chances of winning an injunction hearing in Florida, be prepared to present your case to the judge. If you were the victim of violent or abusive behavior, our state allows you to seek protection through the court system. This process is called a civil injunction, or more commonly known as a restraining order. It prevents the served party from contacting you, as the petitioner, at your home or workplace. Find out more about potential strategies to win an injunction hearing and why you need a lawyer on your side.
What Is a Civil Injunction Hearing?
Whether you have been served with an injunction or you plan to file one, you and the other party would need to provide convincing evidence to win in court. During this hearing, a Florida judge would decide whether they believe the petitioner, that is the person asking for protection, is in danger based on the proof of violence or threats you provide.
How to Improve Your Chances of Winning
If you want to win an injunction hearing in Florida, start with witnesses. Finding people who are willing to testify on your behalf could make all the difference in court. Have your attorney subpoena anyone with firsthand knowledge of the events that led to the restraining order. You will also want to bring copies of medical records, voice or text messages, and social media posts that substantiate your story — or contradict the accusations. Then work with your lawyer to ensure you understand the legal arguments that apply to your case. The more credible your evidence, the better your chances are of getting a favorable ruling.
Common Mistakes to Avoid
Injunction hearings are likely to become quite emotional, and it is easy to make mistakes when testifying under these conditions. The most common error is not providing evidence that supports your position. Do not plan to rely on your testimony alone. Doing so could make it difficult for the judge to rule in your favor. You should also avoid any outbursts from the witness chair. Do your best to focus on the facts and do not count on emotional appeals or personal attacks to sway the judge.
Injunctions Can Protect You From Potential Harm
When you win your injunction hearing, the respondent cannot contact you at all — not by phone, email, or in person. The order stays in effect no matter where you go, including all 50 states. Always carry a copy of the restraining order with you, and if the other party threatens to harm you, call 911 right away. Your legal team should help you file an affidavit in court that explains what happened. If a defendant violates this court order, they could face criminal charges, even a year in jail for a first offense.
Having to go to court for an injunction hearing could be a nerve-wracking and emotional experience. The attorneys at Umansky Law Firm are also adept at filing a claim for damages if you were the victim of domestic violence or sexual abuse. Reach out to us to learn more about your legal options.