Injunction for domestic abuse vs. a restraining order?

[amack]

What is the name of your state (only U.S. law)? Florida

What would the reasoning be behind a woman filing for a domestic abuse injunction vs. getting a restraining order before hand? So far, the court has dismissed the temporary injunction due to lack of evidence until the hearing. Does this make any sense?What is the name of your state (only U.S. law)?

 

[Gracie3787]

What is the name of your state (only U.S. law)? Florida

What would the reasoning be behind a woman filing for a domestic abuse injunction vs. getting a restraining order before hand? So far, the court has dismissed the temporary injunction due to lack of evidence until the hearing. Does this make any sense?What is the name of your state (only U.S. law)?

Actually, it makes perfect sense. In Florida when a petition for protection is filed, it immediately goes before the Judge. If the Judge believes that there is enough evidence, a temporary ex-parte order will be issued. If there doesn't appear to be enough evidence for a temp order, it will not be issued.

Either way, with or without a temp order, the law requires that a full noticed evidentiary hearing be held within 15 days. At that point both parties can present their evidence/witnesses. Sometimes a party isn't able to come up with evidence or a defense within the 15 days, then the Judge can set another evidentiary hearing date. However, during the first hearing if the petitioner can prove that a temp order is needed, the Judge can issue a temp order lasting until the next hearing.

In Florida, an injunction and a restraining order are basically the same thing, the terms are interchangeable.

 

[amack]

Thank you kindly

I appreciate your answer very much, thank you.

In this particular case the injunction was filed in retribution to a call to the department of children and families, as well as an anonymous police report being made in order to protect a child.
Also, in this particul case the judge first read all the information and then summoned a hearing with the woman alone... and after speaking with her, he still denied the temporary injunction and has now summoned both parties to a 2nd hearing. What might be the meaning of that if I may ask? Last question... if a person does in fact file a petition against someone in retribution such as mentioned above, is that legal? If not what should the respondant do? I appreciate any and all answers, thank you.

-EDIT ... When a judge calls hearings on petitions for injunctions, you are under oath? yes? no?