Injunctions arrive at your office like pitcher Justin Verlander’s 100 mile an hour fastball. Thrown so fast that if you don’t start your swing right away during the delivery that with the blink of an eye you will strike out. Injunction court is not a place that you want to strike out!
The Discovery Process and Injunction Court
There are many parts to the discovery process in a family law proceeding. And all parts are available in an injunction proceeding.
- Requests for admissions
- Subpoenas duces tecum
- Requests for entry upon land
- Notices to produce documents from the opposing side
All of these are available in an injunction proceeding.
Florida Family Law Rule of Procedure 12.010 states that the family law rules apply to
“…all actions concerning family matters, including injunctions for protection against domestic, repeat, dating, and sexual violence, and stalking….”
Since the family law rules concerning discovery all refer to their civil procedure counterparts, it appears that all of the usual discovery devices in dissolution of marriage and paternity actions are available in all five types of injunction actions.
Right to a Timely Hearing
Be aware that one Court has balanced the petitioner’s right to a timely hearing with the respondent’s right to conduct discovery. In Nettles v. Hoyos, the Fifth District Court of Appeal dealt with a trial court’s blanket protective order against the respondent’s discovery requests. On appeal, that trial court order was overturned stating that courts are
“…imbued with discretion to limit the time frame and nature of discovery in such cases and can do so by examining individual discovery requests on a case by case basis.”
The Court found that the injunction judge had abused his discretion in his ruling. They further concluded that he departed from the essential requirements of law. The judge did this by entering an order that completely prevented the respondent from conducting any discovery whatsoever. The court concluded that the balance must be struck between the need to expedite the hearing and the need to ensure that a party’s due process rights in conducting discovery are not violated.
The Consequences of an Injunction
The consequences of an injunction can have drastic ramifications. Yet, oftentimes they are underestimated as just keeping two people apart. Here are a few of the results that are possible with an injunction.
- A person can be removed from their own home instantly.
- A person’s cherished Second Amendment rights can be forfeited for as long as the injunction is in place.
- Mental health examinations, drug screens, and alcohol counseling can all be ordered.
- Child support and alimony can be awarded with little to no discovery through these expedited and all too often limited hearings.
- Parents can be ordered to stay away from their children completely, have very limited timesharing, timesharing through a third-party visitation center.
- Even worse, timesharing can be supervised by an in-law family member.
An injunction is no small matter, and they must be taken very seriously.
Don’t Strike Out
The process occurs quickly and can be devastating without the help of an attorney. Make sure that you do not strike out when you are dealing with Family Law matters. Hire an experienced, trusted, and proven Family Law Attorney. The Jacksonville Family Law Attorneys at Harris Guidi Rosner will fight for your rights. They will be ready to make sure that you do not strike out. Contact us today for a free consultation.