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Jupiter, Florida – Paternity Lawyer
In a paternity case and in a marital case, a temporary domestic violence injunction may be extended during a continuance of a hearing, however, the statute does not provide for the issuance of a series of temporary injunctions. In Prior v. Prior, the Florida Court of Appeal recently stated:
“Amanda Pryor appeals an order extending a temporary injunction for protection against domestic violence which, even as extended, has now expired. We vacate the November 14, 2013 order under review, which extended the temporary injunction, as well as the temporary injunction itself, and dismiss the appeal. Section 741.30, Florida Statutes (2013), “authorizes extending a temporary injunction during a continuance of the evidentiary hearing, but authorizes a continuance only for good cause: ‘The court may grant a continuance of the hearing before or during a hearing for good cause shown by any party, which shall include a continuance to obtain service of process. Any injunction shall be extended if necessary to remain in full force and effect during any period of continuance.’ § 741.30(5)(c), Fla. Stat. (201[3]).” Dietz v. Dietz, 127 So. 3d 1279, 1280 (Fla. 1st DCA 2013) (“Section 741.30 does not provide for the issuance of a series of temporary injunctions in lieu of a permanent injunction.’” (citation omitted)). While “injunctions for protection against domestic violence are an exception to the usual rules of mootness because of the collateral legal consequences that flow from such an injunction,” Rodman v. Rodman, 48 So.3d 1022, 1022 (Fla. 1st DCA 2010), we have vacated both the order under review in the present case and the temporary injunction it purported to extend.”
To speak with a paternity lawyer in Jupiter, Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.
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