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What Happens When Domestic Violence Injunction Is Denied

July 22, 2016 by  
Filed under Uncategorized

Denied Domestic Violence Injunctions and Hearings on Them

It is unlikely that a well based and well plead petition for injunction against domestic violence or stalking prepared by a lawyer will be denied.  However, sometimes the facts are less clear, or a pro se litigant does not know what to state or how to state it in their petition and the petition is denied. Where this happens the court should give an explanation as to how the allegations were insufficient and/or provide for a hearing on the petition.  If a trial court finds the allegations of a petition insufficient it must make specific findings of why they are deficient and/or allow for a hearing on the denied petition. The Fourth District Court of Appeals for the State of Florida just reaffirmed this long standing precedent in the case of Chizh v. Chizh, citing to Sanchez v. State, 785 So.2d 672 (Fla. 4th DCA 2001) and instructed the trial court in that case to conduct a hearing as provided for in Florida State Section 741.30 where it had provided neither an explanation or hearing after its denial of a petition.

If you need a lawyer to assist you in relation to a petition for injunction for protection against domestic violence or stalking or the presentation of your case to the court contact one of our lawyers to arrange a consultation.

For more information on domestic violence injunctions you can also visit our Domestic Violence and Stalking Injunction page.

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Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.