Restraining Justice: How Florida Can Better Aid Pro Se Survivors of Domestic Violence with Appeals of Injunction for Protection Cases

Lawyers have a special license to practice law, but they also have a duty to provide legal help to those who can’t afford it. Domestic violence is a big problem in Florida, with a lot of cases going unreported. Many survivors of domestic violence don’t have the money to hire a lawyer to help them in court. Not enough is being done to help these survivors in Florida right now. This article talks about how Florida’s laws and rules can be changed to help people who represent themselves in court because they can’t afford a lawyer and need help with domestic violence cases. In Florida, there are different types of injunctions (or restraining orders) for different situations like domestic violence, dating violence, sexual violence, repeat violence, and stalking. People can ask for these injunctions without a lawyer, but sometimes it can be hard to appeal or defend these cases in court without one. Some places offer free legal help, but many people still have to represent themselves in these cases. If someone needs to file a petition for an injunction for protection in Florida, they can do it themselves without having to pay a fee. The court clerks are required to help them with the paperwork, and there are simple forms that they can use. The Florida Supreme Court has made standard forms that explain what information to include and what to expect after filing. The forms also explain the types of violence and what the court needs to approve the petition. If someone files a petition for a temporary protection order, a judge can decide to give an immediate temporary order if the facts are serious. The person the order is against won’t know about it until the sheriff gives them the order. The temporary order will last for either 15 days or until a full hearing can be held. The court might extend the order if they can’t give it to the person it’s against. The person who filed the petition will get a date for a hearing, where they will have to talk about what happened. The person the order is against will also get to talk. The judge will then decide if a final order should be given.

If the judge says no to the petition because they don’t think there’s a real danger, the court will schedule a full hearing, unless the person who filed the petition doesn’t want one. If the judge says no, the person who filed can add more information to the petition, go to a hearing, or drop the petition.

In Florida, there needs to be a way for people without a lawyer to get help with appeals in cases involving protection orders. This is especially important for people who were successful in getting an order for protection but now have to file legal papers and a response for the appeal. Because they might not have a lot of money or they were abused, they might not be able to take part in the appeal. By providing free help for appeals, lawyers can help protect the legal help that was given at the trial level. When it comes to family law cases, appeals courts usually won’t change a decision unless there was a big mistake. The original court’s decision is assumed to be right, and the person appealing has to prove that it’s wrong. This is really hard to do, so it’s important for domestic violence survivors to get help from a lawyer when they’re appealing a court decision about a protective order. In some court cases in Florida, people who had an injunction for protection against stalking or sexual violence entered against them appealed the decision. They usually had a lawyer to help them appeal, while the survivors, who often couldn’t afford a lawyer, did not. Because of this, the appeals court only heard one side of the story and often ruled in favor of the person who appealed. This isn’t fair, and the court system needs to make sure both sides of the case are fully considered, especially in cases involving domestic violence. Changes are needed to make sure everyone gets a fair chance in court. The Appellate Practice Section of The Florida Bar is working to help domestic violence survivors with their appeals in court. They want to update their resources and work with legal aid organizations to make sure everyone gets the help they need. These changes could make a big difference for people involved in these cases. Law school clinic programs are a great way for law students to help people who can’t afford a lawyer. Only three Florida law schools have programs that specifically help survivors of domestic violence with their legal cases. These programs provide free legal help and support for people who need protection from their abusers. By using these programs, students can learn how to be good lawyers while also making a difference in their community. This is important because there aren’t enough lawyers to help everyone who needs it. When someone wants to appeal a decision in a domestic violence case, they have to pay a fee. But for people who can’t afford it, they can ask for the fee to be waived if they’re considered “indigent,” or very poor. The problem is, the current definition of indigency doesn’t take into account that survivors of domestic violence might not have access to their own money because their abuser controls it. This makes it hard for them to get their fees waived.

To fix this, the definition of indigency should only look at the survivor’s income, not the abuser’s. Another solution could be to get rid of the fee for appealing domestic violence cases altogether. This would make it easier for people to appeal unfair decisions and respond to appeals from their abusers. If someone is dealing with domestic violence and needs to go to court, they should be able to get safety information from the court clerk. This could include a plan for staying safe and what to do if the abuser keeps causing problems. The court clerk should also give the person information about where to get help, like contacting the police and finding a safe place to stay. The court clerk should also give information to the person accused of violence, like what the law says and where to get help to stop the violence. It’s really important for court clerks to share safety information with people involved in cases about protection orders. This information could help someone stay safe from their abuser. It’s also important for abusers to get information about what they’re not allowed to do under a protection order, and to know about community resources that might help them. Domestic violence is a big problem, and it’s important for people who have been hurt to be able to get legal help, including if they need to appeal a decision about a protection order. Florida needs to do a better job of helping people who don’t have a lawyer to appeal court decisions about protection orders. The Florida Bar should provide more help for people appealing injunctions for protection cases. They should work with trial courts to make sure information is the same on all court websites, and talk to legal help groups about these issues. Law school programs should also help people appeal or defend against appeals in these cases. It should be easier for people who can’t afford it to file appeals and there should be safety information for people involved in appeals. This is important because domestic violence is a big problem in Florida and everyone should have access to the courts, even if they don’t have money. These changes would make the process more fair for everyone involved.

Source: https://www.floridabar.org/the-florida-bar-journal/restraining-justice-how-florida-can-better-aid-pro-se-survivors-of-domestic-violence-with-appeals-of-injunction-for-protection-cases/