What eventually happens if I avoid service of a temporary injunction for a domestic violence restraining order?

Asked about 4 years ago - Miami, FL

This box does not allow me to fully describe the complexity of my situation.

My ex (who mentally and physically assaulted me in the past) made false allegations in order to obtain a temporary injunction against me. This is not the first time he has used the law to harass me. The first time I believed the truth was on my side and went to the hearing. The judge treated me horribly. I was later told by two lawyers that this judge has a reputation for behaving in this manner - even with lawyers present. If served it will go before the same judge. If he is granted an order against me, he will use it to harass me further and attempt to get me arrested.

What happens if I successfully manage to avoid service? I was told they can not substitute service. How long can they continue this?

Additional information

Thank you for taking the time to respond , but that did not answer my questions.

What happens if I SUCCESSFULLY manage to avoid service? I was told they can not substitute service. HOW LONG CAN THEY CONTINUE THIS?

That judge will likely issue a permanent injunction - regardless if I have an attorney or not. He requires no solid evidence. My ex was caught lying several times under oath and the judge issued an injunction against me without me being allowed to respond to the allegations. I get panic attacks at the thought of seeing the man who physically attacked me as well as the judge that insulted me and did not give me due process.

My worst case scenario if I am eventually served is that I could be issued an injunction. Correct?

In response to Ms. Abreu below - have you seen that happen? because I was told by the DV system that is absolutely not true. Service must happen before a hearing. Also, they can not issue against him without me filing for one.

Attorney answers (2)

  1. Johanne Valois-Shoffstall

    Contributor Level 12

    Answered . Avoiding service is a dangerous game, especially if once you are served (which usually eventually happens) you end up in front of a judge like that and the petitioner has the process server (sheriff or otherwise) testify about the difficulties of serving you. Judges don't usually like that. Going in front of a judge without an attorney, especially in a domestic violence hearing, is never a good idea. It may be that the judge is rude with or without attorneys, but I think that having an attorney representing you is likely to keep things more in line. The facts are the facts. Preparation in cases like that is imperative.

  2. Milena Abreu

    Contributor Level 4

    Answered . Even if you avoid service, the judge may still issue a permanent injunction. Best to hire and have a lawyer represent you at the injunction hearing in order to present your side. The judge will have an overall picture of the situation and be in a better position to make a decision with regards to the issuance of an injunction. After hearing testimony from both sides, the judge may even issue an injunction against him!

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