petitionner made allegations that are false of being violated. in worst situatio can respondent say didnt understand, it wasnt explained and is not represented? the petition is also fale and ptitioner fraudulates information and documents. respondent is the victim and petitioner lips it aroundflips. petitioner does this on many situations
When an injunction for domestic violence is initially issued it is issued ex-parte. There will be a future hearing date when you will be given an opportunity to present your case and question the petitioner. If at that time the petitioner has failed to present sufficient evidence to support her request, the injunction will be denied and the case is over.
Your question is confusing. Sounds like the "victim" made "false allegations" and a TRO was issued and then a court hearing date was set.
The responding party needs to be ready to proceed at trial/hearing. If the respondent chooses to go without an attorney they cannot later claim ignorance (didn't understand, wasn't explained...).
The petition is not "fake" because it is simply a document. It was signed and filed, so it isn't "fake."
If the information is not true, then the respondent will have the opportunity to refute the allegations at trial/hearing. A TRO is issued based upon a declaration under the penalty of perjury in order to protect the party. It will be the respondent's job to fight the allegations at the restraining order trial/hearing.
It does not matter if the respondent was the victim, they must focus on the allegations and give an explanation/defense or they will lose. They may need to file their own request for a restraining order if they are the true victim.
It sounds like the respondent needs a family law attorney with experience in domestic violence hearings. The respondent has too much too lose to do this alone...such as custody, freedom, and the right to own firearms.
In Florida, you are entitled to a hearing within 15 days. I suggest you talk to a lawyer.
This information is a general answer and is not specific to any particular case. If you find this Answer helpful please make sure to indicate that on AVVO.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline