Orlando, FL asked in Criminal Law, Real Estate Law, Civil Litigation and Domestic Violence for Florida

Q: if someone files an injunction against you and the court finds no evidence, can I file one against him?

we were living together since July. In November, we broke up and I asked him to leave-- he refused- so I filed an unlawful detainer on 12/7- my house, he paid no bills etc. He had me arrested for alleged domestic violence 12/9. The state's att'y has dismissed the case due to lack of evidence. However, while I was in jail he filed an injunction-- causing me to have to stay away from him and my house. The court date for injunction hearing is 12/27. I assume the judge will throw out- as the criminal case is dismissed.. and I have no history of violence etc. If the court throws out-- how can I get back into my house safely until eviction hearing on 1/4. Can I file an injunction against him?

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You can petition for a domestic violence injunction if you independently have the facts to support it. The Court Clerk's office should have forms for you check off the reason(s) supporting an injunction. Your ex filing against you is irrelevant to your eligibility and to your likelihood of prevailing.

Regarding getting back to your home safely, bring up the subject at your court hearing, and perhaps the judge will help sort that out. If not, an option would be to communicate with your ex, either directly or through an attorney, to attempt to reach agreement on a satisfactory living arrangement while your unlawful detainer case is pending. If that is not possible/practical, or if you fear for your safety even if your ex would agree to your terms, you may want to consider the option of staying elsewhere until you can get him tossed out, and /or determining if the Court would entertain an emergency motion to hear your unlawful detainer and/or (future) injunction case on an emergency basis due to severe financial hardship if you stay elsewhere. If you can afford an attorney for this situation, hire one, and if not, contact your local legal aid/legal services office that provides services to the indigent.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.