Story of Justice: Jane Finds Safety

Jane was a victim of domestic violence and was seeking an Injunction for Protection (restraining order). A Temporary Injunction was granted and Jane went to the initial hearing unrepresented. However, the Respondent came with his attorney. Jane did not speak English and was overwhelmed with the situation. She needed guidance for her case. Not only was Jane trying to obtain a protection order, but Jane also wanted to pursue criminal charges for the violent domestic violence incident. She asked the Judge at that first hearing for time to find a lawyer and came to Coast to Coast Legal Aid of South Florida for help.

Our CCLA Attorney consulted with Jane regarding our representation and the possible outcomes for the case. We advised that we can either try to negotiate a resolution that Jane is comfortable with or we will proceed to a final hearing and let the Judge decide. Jane confirmed that she is not going to dismiss her Petition, or agree to a short amount of time, as the last incident had been serious. She wanted an injunction until further order of the court.

The final hearing had already been scheduled by the Court when Jane was pro se, so we prepared for the case. Jane stated that her nephew lives with her and he and his girlfriend witnessed the incident. We contacted the nephew and he confirmed what Jane told me and was willing to testify. The nephew stated that his girlfriend was a witness as well and willing to testify. We subpoenaed the nephew, his girlfriend, and the law enforcement officer that responded to the scene for the final hearing.

At the initial hearing prior to my representation, the Judge gave deadlines for the parties to submit Motions to Dismiss and a response to the motions as well as deadlines for discovery. Jane did not understand anything that the Court ordered at the initial hearing. As a result, we filed an Emergency Motions to Continue the case as well as responses to the opposing counsel’s Motions to Dismiss. Thankfully, the Judge denied the opposing counsel’s Motions to Dismiss.

We continued to prepare the case and Jane for the final hearing. In our preparations, we consulted with Jane to see if she would be willing to negotiate if her abuser would agree to a Final Judgment. Jane wanted a Final Judgment, but was willing to listen. We contacted opposing counsel to see if they were still planning on moving forward with the final hearing. However, opposing counsel said that they were now willing to agree to the entry of a Final Judgment of Injunction after learning about the witnesses and evidence we would present. We confirmed the agreement with opposing counsel and the Final Judgment was entered. Jane was very satisfied with the outcome of the case and she understood everything that happened.

The criminal investigation was still pending based on the incident of domestic violence. The investigation was very concerning for Jane because Jane was afraid that her abuser would try to retaliate or intimidate Jane from cooperating with the criminal investigation. Having the Final Judgment of Injunction provided Jane with a sense of relief and security knowing that her abuser was prohibited from having any direct or indirect contact with Jane and he wouldn’t be able to pressure her to drop the criminal case.