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When Do Restraining Orders Fail In Florida Divorces?


Getting a restraining order might not be as easy as you think. This might come as a nasty surprise, especially if you genuinely need protection from a vindictive spouse during a divorce. But understanding the challenges associated with restraining orders is the first step to overcoming these barriers and achieving a positive outcome. But why do Florida restraining orders get dismissed? What mistakes do spouses make when they fail to get these court orders approved? Let’s find out.

Celebrity Dodges Restraining Order in Florida 

To understand why restraining orders are sometimes dismissed in Florida, it makes sense to examine real-world examples. On December 6th of 2022, it was reported that The Real Housewives of Miami cast member Lisa Hochstein had avoided a restraining order. Her estranged husband’s new girlfriend had petitioned for the court order in Florida, but a judge dismissed this effort – stating that the evidence was “insufficient under the Florida law.” The judge also stated that there was no need for protection against “sexual violence or stalking.” Lisa Hochstein was accused of harassment and bullying, but it seems as though she has avoided all consequences.

The Burden of Proof 

As you can see, you must shoulder the burden of proof if you petition for a restraining order in Florida. But what exactly do you need to prove, and how convincing does the evidence need to be? The judge will assess various factors when looking into your situation, including:

  • Threats
  • Harassment
  • Stalking
  • Physical abuse
  • Attempted harm
  • Threats
  • Injuries or murders of family pets
  • Use of weapons
  • Any physical restrainment
  • Preventing you from calling the police
  • Criminal history
  • Any prior protection orders
  • Destruction of personal property

In addition, a judge may consider any other behavior that “leads you to reasonably believe that you are in immediate danger of becoming a victim of domestic violence.” This leaves the door open for a wide range of additional factors that can be considered by the judge on a case-by-case basis.

Evidence Can Be Used Against You 

It’s best to avoid stretching the truth if you’re filing for a protection order in Florida. If your ex gathers convincing evidence that disproves your allegations, it will destroy your reputation in court and cause issues as you move forward with your divorce. For example, you might state that a domestic violence incident occurred at 9:30PM, but your ex might show video surveillance footage from a bar or a pub showing that they were actually alone at the time.

Where Can I Find a Qualified Divorce Attorney in Florida? 

If you’ve been searching for a qualified, experienced Orlando divorce attorney, look no further than Steve Marsee, P.A. We know how important it is to find safety when you’re going through a dangerous divorce, and we can help you pursue a range of legal strategies to protect yourself and your children. Along with protective orders, we can assist you with virtually every other aspect of your divorce – including custody, property division, alimony, and much more. Book your consultation today to get started with an effective action plan.




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