How to Get a Restraining Order During Divorce
Getting a divorce is always a difficult process, but if you are doing so because you are the victim of domestic violence the process can also be wrought with fear. In Florida, victims can get a restraining order from their spouse for the duration of the divorce proceedings to protect them and any children from further harm.
Florida Domestic Violence
Under Florida law, domestic violence is defined in Section 741.28 as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” A family or household member includes:
- Former spouse;
- Person related by blood or marriage;
- Persons who are presently residing together like a family or have done so in the past; and
- Persons who have a child in common, regardless of whether they are married.
Injunction for Protection
Also known as a restraining order, an injunction for protection is a court order that forces the abuser to stop doing certain acts and begin to do others, and can grant you temporary rights. An order can make the abuser stay a certain distance away, not contact you, leave your home, start paying child support, and can give you temporary custody of any children.
If you are already the victim of domestic violence or believe that you are in immediate danger of becoming a victim of domestic violence, you can petition the court for an injunction for protection. There are two types of injunctions for protection against domestic violence: a temporary restraining order and a final injunction for protection.
Temporary Restraining Order
A temporary restraining order is designed to provide you and your children immediate protection from your abuser. It can be filed without the abuser receiving notice and will be granted if the judge finds that you are in immediate and present danger of becoming a victim. This type of injunction is good for up to fifteen days, and before that time period ends there will be a full hearing to decide if a final injunction for protection is necessary.
Final Injunction for Protection
A final injunction for protection is designed to provide you and your children long-term protection against your abuser. For this order, your abuser must receive notice of the hearing in order for it to be valid. A final injunction can have a set time period, like one year, or it may be indefinite. If the order is indefinite and you want to modify or dissolve it at a later date, you must get the approval of the court.
Call a Florida Divorce Attorney Today
If your spouse has been violent, abusive, or if you are in fear for your safety and want to file an injunction for protection while getting a divorce in the Orlando area, the law office of Steve W. Marsee, P.A. can help. Call or contact the office today for a free and confidential consultation of your case.