Domestic Violence Injunctions Under Florida Law
Domestic violence injunctions - commonly called restraining orders - are among the most urgent matters in family law. Under Fla. Stat. §741.30, any person who is a victim of domestic violence or has reasonable cause to believe they are in imminent danger of becoming a victim may file a petition for a protective injunction. These cases move on an expedited timeline, and the consequences of an injunction - for both the petitioner and respondent - can be life-altering.
Understanding Florida's Domestic Violence Injunction Process
When a petition for a domestic violence injunction is filed, a judge will review the petition - typically the same day - and may issue a Temporary Injunction on an ex parte basis (without the other party present) if the petitioner demonstrates an immediate and present danger. A hearing on the Final Injunction must be held within 15 days under Fla. Stat. §741.30(5)(c).
A domestic violence injunction can order the respondent to vacate a shared home, stay a specified distance from the petitioner and their residence, workplace, and school, surrender firearms, attend a batterers' intervention program, and comply with temporary custody and support arrangements. For the respondent, an injunction creates a permanent court record, triggers federal firearms disabilities under the Lautenberg Amendment, and can devastate custody proceedings.
Whether you are seeking protection or defending against an injunction, the stakes could not be higher. False or exaggerated allegations do occur and can be weaponized in custody disputes - while legitimate victims need swift and effective court protection. In either scenario, experienced legal representation from the outset is essential.
Domestic Violence Injunctions Cases in Wellington
Wellington domestic violence injunction cases are filed at the Palm Beach County Family Division courthouse at 205 N. Dixie Hwy, West Palm Beach. The seasonal nature of Wellington's equestrian community can create complications in domestic violence cases - including questions about jurisdiction when parties maintain residences in multiple states, and the logistical challenges of enforcing protective orders when one party travels frequently for competitions. Marc Cohen addresses these practical complexities while ensuring effective legal protection.
Why Choose Marc M. Cohen, P.A.? Marc Cohen has handled hundreds of domestic violence injunction cases over his 25+ year career, representing both petitioners seeking protection and respondents defending against allegations. His experience spans emergency temporary injunctions, contested final hearings, and the intersection of domestic violence proceedings with ongoing divorce and custody cases. Marc understands the evidentiary requirements, the practical implications for housing and firearm rights, and how to advocate effectively in these high-stakes, time-sensitive matters.
Contact a Wellington Domestic Violence Attorney
If you need experienced legal representation for domestic violence injunctions matters in Wellington, contact Marc M. Cohen, P.A. for a free consultation. Call (561) 740-3301 or contact us online to discuss your case. We serve clients throughout Wellington, Palm Beach County, and all of South Florida.