Repeat Violence Injunction Attorneys
In the Eighth Judicial Circuit, domestic violence injunctions are the most common form of injunctions. In our experience, repeat violence injunctions are the next most common type of injunction. As these injunctions are fairly common, it is important that your attorney know some of the most common pitfalls of this type of injunction, whether you are the petitioner or respondent.
Florida Injunction Lawyers in Gainesville
A repeat violence injunction protects against repeat acts of violence between any two people, regardless of the relationship between them. The litigants can be neighbors, friends, family members that don’t reside together or even total strangers. What is required is two, separate and distinct “acts of violence”. Just as in domestic violence cases, an act of violence is very widely defined to include nearly any type of offensive conduct, including harassment and stalking, as defined in Florida Statutes.
The most common mistake when seeking this kind of injunction is the failure of the petitioner to adequately describe the separate acts of violence in his or her petition. We routinely see litigants fail at their petitions due to a lack of understanding of the rules of evidence at the injunction hearing.
For example, written statements, even if notarized and sworn to, are not admissible in a hearing. Another prime example is the attempt by one litigant to introduce text messages or e-mails while these communications are still on the smart phone. Unless you are willing to give the court your smartphone forever to be held in an evidence locker, these e-mails should be printed out with copies for the court and any other party in the case.
Injunction Defense Attorneys
When defending against an injunction for repeat violence, it is vital that you have an attorney to represent your interest. An experienced, injunctions attorney is invaluable as he or she will have an excellent idea of what the court is inclined to do in a specific situation and how to leverage the rules of evidence and procedure in your favor. The attorney should be experienced at cross-examination and the use of discovery to prepare the case. Cross-examination is vital as most injunctions come down to a battle of creditability between the parties. With a low standard of evidence (preponderance of the evidence), the case can be determine by the smallest of margins.
Call the Law Offices of Silverman, Mack & Associates in Gainesville, FL, to speak to one of our experienced attorneys about an injunction today.