Domestic Violence & Injunctions

What happens at an injunction hearing?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
A brief evidentiary hearing where both sides testify and present evidence, and the judge decides whether to enter a final injunction.

It's a real hearing, though a short one — frequently under an hour.

The petitioner testifies first about what occurred and why they're in fear. They may call witnesses and introduce evidence: messages, photographs, medical records, police reports.

You have the right to testify, to present your own evidence and witnesses, and to cross-examine.

The standard is lower than in a criminal case. The judge is deciding whether the petitioner is a victim of violence or has reasonable cause to believe they're in imminent danger — not whether a crime was proven beyond a reasonable doubt.

Two things that go wrong repeatedly. People arrive with nothing, expecting to explain their side conversationally, and discover that the other party brought a folder. And people testify at length in a way that creates statements usable in a parallel criminal case — because there's no immunity here.

That second risk is why representation matters when a criminal case is pending.

Anything you say here can be used in the criminal case. That alone is worth a lawyer. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.