Legal Question in Family Law in Florida

Re: Temporary injunction for protection against domestic violence with children

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

In this situation, you have very few rights. The wife has alleged that you have placed her in danger. The court believed it and entered the temporary injunction/stay away order.

You have the right to have a hearing in the near future where you can be present and represented by counsel if you choose. You will be able to hear the wife's allegations and rebut them with your own witnesses or testimony. Please understand that most judges believe that they would rather err on the side of caution than on the side of having any possibility of violence against the wife so the deck is often stacked against you at this hearing.

Scott R. Jay, Esq.