Orlando Domestic Violence Lawyer
Domestic violence cases move fast. A call to law enforcement, a sworn statement, and suddenly a no-contact order has been entered, someone has left the family home, and children are caught in the middle – all before any court hearing takes place. For people on either side of that situation, the hours and days immediately following a domestic violence incident are often the most legally consequential of their lives. An Orlando domestic violence lawyer who understands both the criminal and family law dimensions of these cases can make a decisive difference in what happens next.
Orlando and Orange County handle a significant volume of domestic violence matters each year, processed through both the criminal division of the Ninth Judicial Circuit Court and the family court system simultaneously. These are not parallel tracks that stay separate – a no-contact order entered in a criminal proceeding can immediately affect time-sharing with children, access to the marital home, and the trajectory of a divorce or custody case. Attorney Donna Hung handles domestic violence matters as part of the broader family law context, helping clients understand how these cases connect and what must be done to protect their interests across both proceedings.
Whether you are seeking a protective injunction because of abuse in the home, or you are a parent facing allegations that affect your relationship with your children, the decisions made now will shape what comes later. This page explains what the law actually requires, how Florida’s injunction process works, and what clients of the Donna Hung Law Group can expect when these issues arise.
Domestic Violence Issues Within Florida Family Law Cases
Florida law defines domestic violence broadly. Under Section 741.28 of the Florida Statutes, domestic violence includes assault, aggravated assault, battery, aggravated battery, sexual assault, stalking, aggravated stalking, kidnapping, false imprisonment, and any other criminal offense that results in physical injury or death to a family or household member. That definition covers current and former spouses, people related by blood or marriage, people who currently or previously lived together as a family, and parents of a shared child – regardless of whether they ever lived together.
What makes domestic violence cases particularly complex in the family law setting is that they rarely exist in isolation. A protective injunction is almost always connected to an underlying divorce, a custody dispute, or a child support proceeding. Courts in Orange County are required by statute to consider evidence of domestic violence when evaluating parenting plans and time-sharing schedules. A finding of domestic violence can result in supervised visitation, restricted parental responsibility, or a complete bar to overnight contact. That means the injunction proceeding is not just a safety measure – it is also a factor that shapes long-term parenting outcomes.
What the Donna Hung Law Group Brings to Domestic Violence Representation
The Donna Hung Law Group is a family law firm grounded in Florida divorce and family court practice, and domestic violence matters are handled within that context. Attorney Donna Hung approaches these cases with the understanding that an injunction proceeding, a custody dispute, and a divorce are often three expressions of the same underlying crisis – and that clients need guidance that accounts for all of them at once.
The firm’s stated approach is to educate, negotiate, mediate, collaborate, and litigate to the best interests of clients – and in domestic violence situations, that often means preparing for court on short notice, responding to emergency motions, and crafting a legal strategy that holds up across both the injunction and the family court docket. Clients are promised compassion, consistent communication, and professional representation. That matters in these cases, where fear, confusion, and urgency often make it difficult to think clearly about what steps actually need to happen and in what order.
Key Legal Issues That Arise in Orlando Domestic Violence Cases
- Injunctions for Protection – Florida courts can issue a temporary injunction without a hearing based on a sworn petition. A final injunction hearing is typically set within 15 days. Orange County residents file these petitions at the Orange County Courthouse, and a judge may enter a temporary injunction the same day the petition is filed, imposing immediate restrictions on the respondent.
- Domestic Violence and Time-Sharing in Florida – Under Florida Statute 61.13, a court may not award shared parental responsibility to a parent when domestic violence has occurred. A parent with a documented history of domestic violence faces a legal presumption against them in custody proceedings, which can only be overcome with specific evidence.
- No-Contact Orders and the Family Home – When a criminal no-contact order prohibits a parent from returning to the shared home, this creates an immediate housing and property access problem that must be addressed through the civil family court system. The family law attorney needs to act quickly to address use of the home and access to belongings in a way that aligns with – and does not violate – the criminal court order.
- False or Contested Allegations – Not all domestic violence allegations are straightforward. In high-conflict divorces, injunction petitions are sometimes filed based on contested facts. A respondent has the right to contest a temporary injunction at the final hearing and to present evidence, witnesses, and cross-examine the petitioner. The outcome at that hearing is permanent and can affect custody, firearms rights, and the record going forward.
- Stalking and Cyberstalking Injunctions – Florida provides separate injunction remedies for stalking and cyberstalking that do not require a family or household relationship. These cases arise in dating relationships, post-divorce situations, and even among co-parents who are separated but still in contact over children. The evidentiary requirements differ from a standard domestic violence injunction.
- Impact on Divorce Proceedings – When domestic violence is a factor in a marriage, it can affect property division, alimony determinations, and the overall litigation posture. Florida courts have discretion to consider dissipation of assets connected to abusive behavior. An attorney who handles both the injunction and the divorce can coordinate these arguments across both proceedings.
- Modification of Injunctions – A final injunction can be modified or dissolved upon motion showing a substantial change in circumstances. Clients who have had injunctions entered against them and who have complied with all conditions may seek modification, particularly when the restrictions are affecting their relationship with their children or their employment.
What to Do If Domestic Violence Is Affecting Your Family Law Case in Orlando
If you are in immediate danger, contact law enforcement. Orange County Sheriff’s Office and Orlando Police Department both respond to domestic violence calls, and Florida law requires officers to make an arrest when there is probable cause that domestic violence has occurred. A law enforcement response generates an incident report, which becomes part of the record and matters in any subsequent legal proceeding.
If you need to file a petition for an injunction for protection, you can do so at the Orange County Courthouse located at 425 N. Orange Avenue in downtown Orlando. The Clerk of Courts in Orange County maintains a domestic violence intake office where staff can help you complete a petition. A judge will review the petition and decide whether to issue a temporary injunction the same day. You do not need an attorney to file a petition, but having one before the final hearing significantly affects the outcome – the rules of evidence apply, cross-examination is permitted, and the judge’s ruling is not automatically in your favor simply because a temporary order exists.
If a petition has been filed against you, your first priority is to understand exactly what the order says and to comply with every condition, because a violation is a first-degree misdemeanor at minimum and can become a felony depending on circumstances. Do not contact the petitioner to explain yourself, even to say you do not agree with the allegations. Reach out to a domestic violence attorney in Orlando before the final hearing date, which will be listed on the temporary order. You typically have fewer than 15 days from service to prepare your response, gather evidence, and identify witnesses.
If children are involved, document the current time-sharing situation – including school records, medical appointments, communications with the other parent, and any screenshots or written records of harassment or threats. Florida courts evaluating time-sharing after a domestic violence allegation will look closely at the history of contact between parent and child, the documented nature of the alleged violence, and each parent’s credibility. The decisions made in the first weeks of a domestic violence case often define the trajectory of the custody proceeding that follows.
How Florida Courts Evaluate Domestic Violence in Parenting Decisions
Florida Statute 61.13(2)(c) lists more than twenty factors a court considers when determining time-sharing. Among them is the demonstrated capacity of each parent to facilitate a close relationship between the child and the other parent – but also the evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect. When domestic violence is established, the court is not simply weighing it as one factor among many. The statute creates a presumption against shared parental responsibility when domestic violence is present, effectively shifting the burden to the accused parent to demonstrate that shared custody would not harm the child.
Florida also requires that courts reference the findings of any injunction proceeding when making time-sharing determinations. A final injunction that makes specific findings of domestic violence is admissible in the family court proceeding and carries significant weight. This is another reason the injunction final hearing is so consequential – it is not just about the injunction itself. What the judge finds at that hearing follows the case into custody proceedings.
Attorney Donna Hung works with clients in both positions: parents who have experienced domestic violence and need the court to take it seriously in the context of a parenting plan, and parents who are contesting allegations and must present a coherent factual record at the injunction hearing to protect their relationship with their children. Both situations require thorough preparation, careful management of the documentary record, and a clear understanding of how the injunction proceeding connects to the broader family law case.
Questions People Ask About Domestic Violence Cases in Orlando
What is the difference between a domestic violence injunction and a criminal no-contact order?
A domestic violence injunction is a civil court order obtained by filing a petition in family court. A no-contact order is issued by a criminal court as a condition of bond or sentencing in a criminal case. Both can prohibit contact between two people, but they are separate orders from separate courts. A person can be subject to both simultaneously. Violating either carries its own legal consequences, and compliance with one does not excuse a violation of the other.
Can a domestic violence injunction affect my right to own a firearm in Florida?
Yes. Under both Florida law and federal law, a final domestic violence injunction prohibits the respondent from possessing firearms. Firearms must be surrendered to law enforcement or a licensed dealer. This restriction applies for the duration of the injunction, and failure to surrender firearms is a separate criminal offense. This consequence alone is a reason to take the final hearing seriously.
Will a domestic violence injunction automatically show up on my record?
A civil injunction for protection is a public court record. It does not create a criminal record by itself, but it is searchable in the Florida public records system. Employers, landlords, and licensing boards may find it in a background check. A violation of the injunction, however, is a criminal offense and would appear on a criminal record.
Can I drop the injunction if I filed it and have changed my mind?
A petitioner can file a motion to dissolve an injunction. The court has discretion to grant or deny the request and will typically schedule a hearing where both parties can appear. In some cases, judges are cautious about dissolving injunctions, particularly where children are involved or where there is a documented history of repeated incidents. The court’s priority is safety, and the petitioner’s current wishes are one factor but not necessarily the controlling one.
What happens at the final injunction hearing?
The final hearing is conducted like a mini-trial. Both the petitioner and the respondent may present testimony, introduce exhibits, and cross-examine witnesses. The petitioner must prove by a preponderance of the evidence that domestic violence has occurred or that there is a reasonable fear that it will occur. The respondent has the right to challenge the evidence and present their own witnesses and documents. The judge may enter a final injunction, deny the petition, or continue the hearing. If a final injunction is entered, it specifies its duration and conditions.
How does a domestic violence allegation affect alimony in an Orlando divorce?
Florida’s alimony statute does not list domestic violence as a direct factor in alimony calculations, but courts do have discretion to consider the circumstances of the marriage, including conduct that affected the marital finances or the other spouse’s ability to become self-supporting. In practice, documented domestic violence can affect the tone and posture of alimony negotiations and may influence judicial discretion when determining the type and duration of support.
What if the alleged domestic violence occurred between co-parents who were never married?
Florida’s domestic violence laws apply to unmarried people who share a child, regardless of whether they ever lived together. A parent who has experienced domestic violence from a co-parent can petition for an injunction, and the family court will consider the documented history when setting a parenting plan. The case may move through a paternity action rather than a divorce, but the legal standards for evaluating domestic violence in parenting decisions are the same.
Can a temporary injunction be entered without me knowing about it beforehand?
Yes. Florida allows courts to enter temporary injunctions ex parte – meaning without notifying the respondent first – based solely on the petition and supporting sworn statements. The respondent is served with the temporary order after it is entered and has until the final hearing to present their side. This is why people sometimes find out about an injunction when law enforcement delivers the papers, often with very little time before the final hearing.
What role does text message or social media evidence play in domestic violence cases?
Digital evidence is increasingly central to both injunction petitions and family court proceedings. Screenshots of threatening messages, documented patterns of contact after requests to stop, and records showing a history of controlling behavior can all be admissible at the injunction hearing. Both parties should preserve relevant digital evidence carefully and avoid deleting anything that may be discoverable, as deletion can create problems later in the proceeding.
If the injunction is denied, can the petitioner file again?
If a judge denies a petition after a full hearing on the merits, the petitioner cannot simply refile based on the same facts. However, if new incidents occur after the denial, a new petition based on that new conduct is permissible. The prior denial does not prevent future protection if the circumstances change.
Domestic Violence Legal Representation Across the Greater Orlando Area
The Donna Hung Law Group serves clients throughout Orlando and the surrounding communities of Orange County, including residents of Winter Park, Maitland, Windermere, Doctor Phillips, Ocoee, Winter Garden, Apopka, Altamonte Springs, Casselberry, Longwood, and Lake Mary. The firm also represents clients in the communities of Kissimmee, St. Cloud, and Osceola County, as well as families in Sanford, Deltona, and Seminole County. Clients from the eastern and southeastern communities of Orlando, including east Orlando, Conway, Belle Isle, and the areas near the University of Central Florida, are also served regularly. Domestic violence matters affecting families anywhere within the Ninth Judicial Circuit and surrounding circuits can be handled by the firm, and consultation is available for residents across the broader Central Florida region regardless of whether the matter originates in Orange County or a neighboring jurisdiction.
Speak With an Orlando Domestic Violence Attorney About Your Situation
Whether you are preparing to file a petition for protection, responding to one that has already been entered, or facing a custody dispute where domestic violence is part of the record, the time to get clear legal guidance is now – not after the final hearing date has passed. The Donna Hung Law Group offers confidential consultations for individuals dealing with domestic violence issues within the context of Florida family law. As an Orlando domestic violence attorney with a background rooted in the practical realities of family court in Orange County, Attorney Donna Hung can help you understand what your options are and what each path forward actually involves. Contact the firm to schedule your confidential consultation.
