Rights Against Domestic Violence in a Florida Divorce
Divorce cases in Florida are rarely amicable experiences, but in some very serious situations one spouse may act out violently at the other or at their children. If you are involved in a violent domestic situation, you have the right to be protected from violence during and after a divorce in Florida. This can be done through the use of a restraining order, also known as a domestic violence injunction, and an experienced lawyer can help. Call or contact the office of Steve W. Marsee in Orlando today to learn more about your legal options and rights against domestic violence.
What is Domestic Violence?
Domestic violence refers to violent acts perpetrated by a family or household member against another family or household member. This includes, but is not limited to, assault, aggravated assault, sexual assault, battery or aggravated battery, stalking or aggravated stalking, kidnapping, false imprisonment, lewd acts, or any other violent act that results in a family or household member’s injury or death. A family or household member is defined as a current or former spouse, relative by blood or marriage, cohabitant or former cohabitant, or a minor child’s other biological parent. If your spouse reacts violently to being told that you are filing for divorce or threatens violence during the divorce process, you can file for a domestic violence injunction in Florida.
Temporary Restraining Order
A temporary restraining order is available to a family or household member that needs immediate protection from a family member threatening violence during a divorce. These orders are short term and only last until a full hearing can be held where both sides have an opportunity to present their case in court. Typically, a temporary order lasts between three and fifteen days, but if you can make the case that you have been or are in danger of domestic violence the court may order a domestic violence injunction during the divorce process. An experienced family law attorney can help you file for a temporary domestic violence restraining order along with filing the petition for your divorce.
Domestic Violence Injunctions
An injunction for protection against domestic violence can be filed by anyone who is filing for divorce and is either a victim of domestic violence or believes that they are in imminent danger of becoming a victim of domestic violence. A domestic violence injunction may require that the person in question may not enter your dwelling, contact you or your minor children, grant temporary custody to you, grant temporary child support, and prohibit any future acts of domestic violence. A general domestic violence injunction can last up to one year, but you can reapply for an additional year of time if the divorce is still ongoing.
Call or Contact the Office Today
You should not have to live in fear of violence during your divorce, and Orlando family law attorney Steve W. Marsee can help. Call the office or contact us today to schedule a free and confidential consultation of your case to learn more about how the law can protect you during your Florida divorce.