What Evidence Do I Need for a Domestic Violence Injunction in Fort Lauderdale?

Whether you’re seeking a domestic violence injunction in Fort Lauderdale or facing one, it is important to understand what kind of evidence might be involved. Also known as a “restraining order,” a domestic violence injunction has the potential to change the relationships within families forever. Courts in Fort Lauderdale do not take this subject lightly, and while they may issue temporary injunctions without much evidence, permanent injunctions are subject to higher levels of scrutiny. What kind of evidence will you need?

You Need a Preponderance of Evidence 

Domestic violence injunctions are somewhat confusing because they blend criminal acts with civil proceedings. Normally, you would need to prove “beyond reasonable doubt” that someone committed an act of domestic violence or abuse. If your family member eventually faces criminal charges for this alleged behavior, this “burden of proof” will apply. “Beyond reasonable doubt” means that even if there is a slight chance of innocence, a jury cannot convict the defendant.

When you petition for a domestic violence injunction, however, this burden of proof is significantly lower. Instead of proving “beyond reasonable doubt” that the domestic violence occurred,  you only need to show a “preponderance of evidence.” What exactly does this mean? Essentially, you only need to show that it is “more likely than not” that the incident(s) occurred. In other words, there is at least a 51% chance that you’re telling the truth.

Note that this standard only applies to long-term injunctions, and you can obtain a temporary “emergency” domestic violence injunction without having to prove much at all. The court realizes that these situations may be highly volatile and urgent, and it therefore removes the burden of proof altogether for those attempting to reach safety. It is only when you attempt to make your injunction permanent that you encounter this burden of proof.

What Are Some Examples of Evidence for Domestic Violence Injunctions? 

Each case is slightly different. The best evidence for your unique situation may be something never seen before in Florida courts. That being said, certain evidence appears more frequently in domestic violence injunction hearings. Here are a few examples:

• Medical records
• Medical images
• Photographs
• Video recordings
• Witness statements
• Text messages
• Social media posts

What if It’s My Word Against Theirs?

 During your domestic violence hearing in Florida, you can testify and tell your side of the story. You are under no obligation to testify on your own behalf, but this might be an effective option. That being said, if it’s simply a matter of “your word against theirs,” you may struggle to show a “preponderance of evidence” that supports the alleged domestic violence. A qualified domestic violence lawyer in Fort Lauderdale can help you collect and present additional, compelling evidence.

Find a Qualified, Experienced Domestic Violence Lawyer in Fort Lauderdale

 If you’re approaching a domestic violence injunction, it makes sense to work alongside a qualified Fort Lauderdale domestic violence injunction lawyer. Choose Haber Blank and get started with a consultation today. During this consultation, you will have the opportunity to discuss your unique situation. From there, we can help you with evidence, filing petitions, and any other steps you might need help with. We can also represent you at hearings. Reach out today to learn more.

Sources: 

15thcircuit.com/program-page/domestic-violence/faqs

flcourts.gov/content/download/864657/file/DV%20Evidence%20Outline%202023.pdf