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Can petition for injunction for protection against domestic violence be amended during hearing or only prior to hearing?

Orlando, FL |

I demanded 100% of time sharing with children. Now I am thinking what if judge refuse to grant me 100% of time? Will I have option to get less than 100 percent of time? Will I be able to amend my time-sharing demand during hearing? Or should I file amendment prior to hearing?

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Attorney answers 4


You must amend it prior to the hearing and then serve it on the other party in sufficient time to comply with the Florida Rules of Civil Procedure.

That said, the judge will decide temporary time-sharing based upon the facts of the case, not what you demanded. The court favors 50/50 parental sharing unless there are circumstances that show the child is in danger or other issues exist.

I handle a lot of these cases--some pro bono--in Orange County, and I can tell you that you almost always need a lawyer in DV court. You don't know the Florida Rules of Civil Procedure or Evidence Code, and this is a trial. it's just a trial without a jury, but it's still a trial. In fact, I think DV bench trial are harder than jury trials because it's almost pure law, and unlike juries, the judges aren't swayed by emotion.



My petition for injunction and demand of 100% time is based on the following: (1) respondent is suicidal (planned months in advance and attempted suicide -- it is documented), (2) abduction of children (planned and committed), (3) concealing children for two months already (4) prevention of any type of communication between father and children, and keeping children in miserable conditions with no reason (crowded apartment with criminals).

Christopher Robert Dillingham II

Christopher Robert Dillingham II


I still advise you to retain an attorney no matter what you allege. This is a trial and all the rules of court apply.

Christopher Robert Dillingham II

Christopher Robert Dillingham II


Getting your evidence in will require you set an evidentiary predicate. You cannot use medical or police reports--they are hearsay that don't fit an exception--and that may be the bulk of your case. You would need to subpoena the person who wrote the report to give live testimony; otherwise, those facts don't come into evidence. This is a trial. No one should handle a trial while representing themselves.


Demanding 100% of the time sharing shows that you are not willing to comply with the requirements of the law, and without the type of proof required for what you have demanded, you will not get it. You do need to hire an attorney who practices family law in the area, for all legal matters like this.

R. Jason de Groot, Esq.,


You should consult family law attorney.
The basis of the injunction may warrant 100% time sharing. However if not warranted you will seem highly unreasonable before the court. You could try to amend before hearing bit need court permission for leave to amend.
You should contact family law attorney.


I strongly recommend you consult with a local and experienced family law attorney regarding this case.


Ophelia Bernal-Mora
Orlando Family Law Attorney

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.

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