Court date is in 2 weeks for a motion to show cause of violation of injunction.

Asked 4 months ago - Fort Myers, FL

I will be going to court in 2 weeks concerning an injunction. I already have a attorney for divorce but cannot afford to retain him for the injunction. Is it possible to have another attorney because it is a separate court case? Since I cannot afford to retain the attorney, is it possible to get a public defender and how would I go about doing it?

Attorney answers (4)

  1. Stephen George Henderson

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . If it is a civil injunction, which it sounds like, you are not entitled to a court appointed attorney as there is no risk of incarceration on a civil injunction. However, if the civil injunction is granted against you and you violate the injunction then you could be arrested.

    If, however, you are in county court facing charges of violating an injunction then, yes, you may qualify for a court appointed attorney. However, it is contingent on your income. You would just ask the court to appoint you a public defender. There is an application and it generally costs you about $50 to apply.

    We do see this often in family law where one party files an injunction against the other in an attempt to gain leverage in the family law case. Most injunction court judges are aware of this and see it for what it is, unless of course there is merit to the other parties petition for protection.

  2. Danielle Marie Levy

    Contributor Level 8

    Answered . You can certainly have another attorney represent you in the DV case. If this is a criminal case then you may qualify to be represented by a public defender, but this sounds like it is a civil DV case.

  3. Betty Elaine Jones

    Contributor Level 18

    Answered . If this is a civil domestic violence injunction you are not entitled to a public defender. You can however, hire a different attorney to represent you in the domestic violence injunction. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

  4. Judd Roy Bean II

    Contributor Level 10

    Answered . Here is the website for the 20th Judicial Circuit, where you are located: http://www.ca.cjis20.org/home/main/homepage.asp

    Although, you won't be able to have a public defender work on your behalf, you may be wise to contact the "Pro Se Litigant" program or the Civil/Family Departments to see how/if you can get someone to help you for a reduced rate. I am in Hillsborough County, where there are some resources for obtaining low-cost or pro bono attorney referrals. Most provide some sort of income-based test, to see if a potential "client" qualifies.

    I wish you all the best, and hope you are able to nail down some solid resources to assist you!

    Take care - Judd (www.juddbeanlaw.com)

    These answers are not intended nor shall it be deemed to be the rendering of legal advice, they are given based on... more

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