Winter Garden, FL asked in Criminal Law, Family Law and Child Custody for Florida

Q: if a court docket states "Order Denying Injunction Before Hearing" and the case status is closed. What does that mean?

My ex (unbeknownst to me) falsely accused me of molesting my child and seems like she filed a petition ending in the docket line item above. Does it mean "its over"? (barring of course an appeal). Note: we are in the middle of custody case (and she is - apparently - will to go that "low". TY in advance

TY Mr. Thorgaard for the reply.

Does that imply that she has no other recourse other than appeal? (Also, I was never served or given any info.) My fear is that this is not going away. Also, do I need to do something to have this expelled from my record. Of course, I do not want it to appear in any background check etc. TY again.

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: I assume that, along with the false accusations, she somehow asked for an injunction. It looks like the judge has denied the injunction without the need for a hearing. You should have received a copy of the order, or you should be able to get it from the docket.

Tami Lane Augen agrees with this answer

1 user found this answer helpful

Tami Lane Augen
Tami Lane Augen
Answered
  • Divorce Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: My colleague is absolutely correct, if the mother filed a petition for protection against domestic violence, the court reviews that and makes an immediate determination without a hearing. In the case that you describe, the court did not grant the injunction and did not set a hearing to extend the injunction. In the event an injunction is granted by the court on what is called an "ex parte" basis, then the court is required to set a hearing within an extremely short time period in order to have a full evidentiary hearing. That did not happen in your case. So, yes, the matter is over. She could appeal the denial of the injunction; however, this is not typically done.

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