Recording of an Injunction

Injunctions, or restraining orders, are court orders that are designed to protect the petitioner from the respondent indefinitely or for a set period of time. According to Florida law, Fla. Stat. § 741.30(6)(h), All proceedings under this subsection shall be recorded. This means that the court must create an audio recording, at the very minimum, of the final injunction hearing.  

In the case WHALEN V. CHOQUEHUANCA (2024 WL 3167520), the parties had a final hearing, and a portion of the hearing was not recorded. The missing part included testimony from the petitioner, who sought the injunction. Without the full transcript from the Final Hearing, the appellate court cannot adequately review the respondent’s claims on appeal. This means that the appellate court could not adequately review the trial court’s conclusion that the petitioner had an objectively reasonable cause to believe that she was in danger of becoming the victim of domestic violence. The appellate court reversed the trial court and ordered that the injunction be vacated.  

If you or a loved one are facing the inconvenience of an injunction—whether seeking protection or challenging one—we’re here to help. At Fighter Law, our team is committed to protecting your rights and providing the guidance you need during this challenging time. Don’t face it alone; contact us today to ensure your interests are fully protected and supported. 

Attorney Oscar Salgado

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