I'm in need of a lawyer near Melbourne that's versed in firearms rights and family law. I'm in SC and received a summons to appear in court in 2 days in Viera filed by my estranged wife who left me 5 weeks ago. It's for a temporary injunction for protection against domestic violence. She also was a SC resident until she went to Florida where she claims Florida resident now. I own several NFA items also and she has always threatened to have my guns taken away. Shame on me for not acting sooner but here I am. Any recommendations will be greatly appreciated.

I'm assuming the injunction was filed and issued in Florida.  Is it a summons or just a notice of hearing?  I only ask because usually preliminary/temporary injunctions come with a court date to give both sides a chance to plead their case in front of the judge before they decide whether or not to dismiss the injunction, make it temporary, or make it permanent.  I don't believe the respondent is REQUIRED to attend that hearing, but I would if I were you.

I'm not a lawyer, but you could comply with the injunction until your lawyer gets it straightened out by giving your guns to a friend to hold.  Of course, the NFA items complicate that.

Good luck, OP.  I don't have any real advice to give or a lawyer to recommend.

Thanks for the response. It's for a hearing, temporary injunction. All firearms I can move have been moved.

I don't know the circumstances surrounding your separation (and I'm not asking), but I believe judges have a lot of leeway when issuing preliminary injunctions.  I know the judges in the County I worked for required a little bit more evidence than just petition before they would issue a domestic violence injunction.

Again, good luck.

ETA:

Here's how the process works (as I understand it).  Your wife filed a petition requesting a domestic violence injunction.  Part of that petition was an application packet that contained the allegations she made that supported her request for the injunction.  You should have received a copy of that packet when you were served with the injunction.  The preliminary injunction is temporary and will remain valid through the hearing date.  At the hearing, the judge will hear testimony from both parties and will then make a decision whether to dismiss the injunction, issue it for a fixed period of time, or issue it permanently.  If the judge issues an injunction and you attend the hearing you will be served with that injunction before you leave court.

DO NOT HAVE ANY CONTACT WITH YOUR WIFE AFTER BEING SERVED WITH THE PRELIMINARY INJUNCTION.  In Florida, the only person that can legally violate the injunction is the respondent (you) so don't have any direct or 3rd party contact with her from this point on.  If she calls, texts, or reaches out to you in any way, DO NOT RESPOND.  I'm not a lawyer, but I would recommend taking screen shots of any communications you may receive from her and print them to create hard copies.  Once you retain a lawyer, provide those copies to them.  Again, she has nothing to lose by calling you but if you respond to her in any way it could be considered a violation of the injunction.

@andyrv672wl
See IM

Thank you for the reply Gilly, it was very informative. I have not heard nor spoken a single word to her since she left.

Good luck OP

Thank you everyone for the great advice. FB41, I went with your suggestion and, he wasn't cheap, but I feel it's money well spent. I don't have to appear since he's hopefully taking care of everything. I'll know Friday.

Good luck, and let us (as far as you or your lawyer thinks is prudent) how it goes. Both, because I want it to turn out for the best for you and so we know how to deal with something like this if it ever comes up.

@andyrv672wl

He helped a friend of mine in a similar situation and I have his number on my CCW insurance card.
Hope everything works out for you.

Nothing to add , but good luck!  Hope everything turns out OK.

Well, everything went as planned meaning that since I'm a SC resident, the injunction was invalid against me. According to the attorney I hired, the wife was there with her attorney in hopes that I would have showed up not knowing any better. Or maybe her attorney didn't know either. I'd love to have been there to see the look on her face when the judge dismissed it. Not sure of her next move but, as I said before, $4500 well spent.  
Keith Szachacz in Melbourne was the attorney if anyone ever needs his services. Professional service indeed.

Good news

I was thinking the whole jurisdiction would make it invalid.  I’d see if in the divorce you can hit her up for the cost of legal representation.

I have had moms come from out of state with a turn over the kids from  judge in another state. They typically aren’t worth the paper they are written on until a Florida judge has looked at it and agreed.

Daniel

Use this harassment against her in the divorce.

Glad to hear it worked out for you op. Some women are just vindictive and there is something wrong with them. I have a friend who had this happen to him. She was/is pretty abusive to him all the time I see her and him together. He just takes it. One night they were having dinner and she got upset at him, so while he was drinking his beverage, she smacked the bottom of the bottle and broke his 2 front teeth. She was arrested and then moved back with her parents out of state and she then filed the same injunction against him, as the op but somehow it stuck. After a while they got back together and the injunction was dropped. Why he took her back I don't know, as he could do so much better.

Glad it went your way OP!

This place is a great resource.

Happy to hear that OP, bummer about the $4500 though. But, it turned out in your favor, which is great.

That is the same firm that represents Brevard County Sheriff Deputies when they're involved in shootings.  One of the partners has spoken at our club before.  They are the guys you want if you every need an attorney involving guns or self-defense.