New Pro Bono Program Aims to Reframe the Way Domestic Violence Injunction Opinions Are Written

In the court, judges write the history of legal cases. When victims of domestic violence appeal their injunction cases, the court often doesn’t write down the reasons for affirming the decision. This means there’s no clear legal basis for similar cases in the future. Groups in Florida are working to help victims appeal their cases and get more written opinions from the court. The Appellate Practice Section of The Florida Bar helps people who can’t afford a lawyer by providing a Pro Se Handbook that explains the appeals process. They also have a Pro Bono Committee that helps people in need by connecting them with volunteer lawyers. They are also working with programs that provide free legal services to children in dependency and termination of parental rights cases, veterans appealing for benefits, and victims of domestic violence. They are also working on a new initiative to help victims of domestic violence get the legal help they need. One in four women and one in ten men have experienced domestic violence in Florida. This can cause lasting mental and physical health issues, especially for children. But victims often face judgment in court and in their communities. The Young Lawyers Division wants to work with other groups to help domestic violence victims get the support they need. An appeal of an injunction for protection against domestic violence can be complicated, especially when the decision is just a quick “per curiam affirmance” with no explanation. This type of decision is used when the judges all agree on a clear question and don’t need to write a long opinion. It’s a way for the court to handle a lot of cases quickly. In Florida, the district courts often use per curiam affirmances because they are usually the last court that will hear a case. So, when they make a quick decision, it means there’s no more chances to appeal. The Florida Supreme Court only has the power to hear certain types of cases, and it can’t review rulings from lower courts that don’t address a specific legal question. This means that if you lose a case in a lower court and the higher court affirms the decision without giving a reason, you can’t appeal any further. The decision also doesn’t set a precedent for future cases. The court made this rule to make sure the law is fair and equal for everyone. When a higher court changes a decision from a lower court, they have to explain why in a written opinion. But when they agree with the lower court, they usually don’t write anything. This means the law ends up being explained more for people who lose at trial and win on appeal. F.S. §741.30 allows a person to file a sworn petition for an injunction for protection against domestic violence if they are a victim of domestic violence or believe they are in imminent danger of becoming a victim. The law applies to family and household members as well. The court may grant a temporary injunction if there is immediate danger and can also grant other relief. If an injunction is entered against someone, they may appeal. However, victims may struggle to appeal if they don’t have the resources for legal representation, and recent cases show that victims representing themselves on appeal may face challenges. Sometimes, when someone gets a domestic violence injunction, the court may not write a detailed explanation for why they decided that way. This makes it harder for other victims to use that decision as an example in their own cases. Victims of domestic violence often don’t know their rights, can’t afford a lawyer, and may not appeal a decision if they think it won’t help. Having free legal help for these cases can make a big difference in how the law is written for domestic violence victims. Stigma Free Community hopes to provide this kind of help to victims.

Source: https://www.floridabar.org/the-florida-bar-journal/new-pro-bono-program-aims-to-reframe-the-way-domestic-violence-injunction-opinions-are-written/