Do You Need Court Approval to Appear Without Your Client in an Injunction Hearing?

Do You Need Court Approval to Appear Without Your Client in an Injunction Hearing?

When handling an injunction case in Florida, attorneys and petitioners often ask: Can a lawyer appear in court without the petitioner?

The short answer is that while there is no explicit rule prohibiting it, Florida courts typically expect petitioners to be present, and failure to appear can result in dismissal of the case. Here’s what you need to know about Florida’s procedural requirements and how to ensure your case proceeds smoothly.

The Importance of the Petitioner’s Presence

In an injunction case, the petitioner carries the burden of proof and must present evidence supporting their need for protection. The court is unlikely to grant a final injunction without the petitioner’s testimony, unless there are extraordinary circumstances.

If a petitioner is unable to attend a scheduled hearing, their attorney should file a motion for leave to appear without the petitioner and explain the reason for the absence. Otherwise, the court may dismiss the petition for failure to prosecute or lack of evidence.

Florida Law and Rules of Procedure

Several Florida statutes and procedural rules provide guidance on this issue:

1. Florida Family Law Rules of Procedure

• Rule 12.610(c)(2)(A): If a petitioner fails to appear at the hearing, the court may dismiss the petition.
• Rule 12.610(c)(1)(B): If a temporary injunction is granted, the court must set a hearing at the earliest possible time to determine whether a final injunction should be issued.

2. Florida Statutes

• § 741.30(6)(a), Florida Statutes (Domestic Violence Injunctions) – Requires a hearing before a final injunction can be granted, where both parties have an opportunity to be heard.
• § 784.046(6)(c), Florida Statutes (Repeat, Sexual, Dating Violence, and Stalking Injunctions) – Also mandates a hearing before issuing a final injunction.

3. Florida Case Law

• Highlights that a court has the discretion to dismiss a petition if the petitioner fails to attend the hearing.

How to Handle an Absence in an Injunction Case

If a petitioner cannot attend an injunction hearing, attorneys should consider the following steps:

1. File a motion in advance explaining the petitioner’s absence and requesting an alternative form of testimony (such as an affidavit or virtual appearance).
2. Provide documentation supporting the petitioner’s unavailability (e.g., medical records, work obligations, military deployment).
3. Confirm with the court whether remote participation is allowed in the jurisdiction where the hearing is being held.

Need Legal Help with an Injunction Case?

At Fighter Law, we have extensive experience handling injunction cases, ensuring our clients are fully prepared for their hearings. Whether you are seeking a protective order or defending against one, our experienced criminal defense and family law attorneys can help.

For more details on how to get an injunction, visit our Injunction page.

If you have questions about your upcoming injunction hearing, contact us today for a consultation!

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