Recap of Domestic Violence Protection Orders in Florida & How They May Affect Your Divorce
Domestic violence is a very serious issue plaguing America today. With huge names making the news for domestic violence charges (Johnny Depp and Michael Jace), our domestic violence attorneys feel that is important to recap your rights when faced with a domestic abuser. If you or a loved one is being abused at home, report it immediately, and then reach out to the Law Offices of Schwartz | White to see how our family lawyers can help you seek legal intervention for the violence.
Situations That Require a Domestic Violence Injunction
If you or a loved one is being abused at home, it is imperative that you seek a protective order against your abuser right away. In Florida, you can seek either a Domestic Violence Injunction or a restraining order. Both require there to be sufficient evidence of domestic violence to be granted. Conduct that indicates a situation of domestic abuse includes:
- Destruction of property;
- Assault;
- Threats;
- Kidnapping, criminal restraint, or false imprisonment;
- Sexual assault;
- Criminal sexual contact;
- Criminal mischief;
- Burglary;
- Criminal trespass;
- Harassment; and
- Stalking.
If there is evidence of any of the above, you have sufficient grounds to file and obtain a protective injunction against your abuser.
Will a Restraining Order Affect the Outcome of My Divorce and Child Custody Case?
Because Florida is a no-fault divorce state, taking out a protective injunction will not affect your ability to file. However, it can have an effect on subsequent court proceedings, such as child custody proceedings, discussions of child support and alimony, and the division of property. If it is proved that your spouse was abusing you, their custody rights may be severely limited, and they may be required to compensate you via alimony for your pain and suffering. However, if your spouse was abusing your children, they may not receive anything beyond supervised visitation, if that.
How to File for a Protective Injunction
If you are being abused, call the cops right away. You may be able to seek an emergency temporary injunction from the local law enforcement agency until you are able to meet with a lawyer to discuss a more permanent solution. Obtaining a domestic violence injunction will require you to file a petition with the court. The petition will request information regarding yourself and the defendant, as well as a detailed account of the abuse. Because filing a petition can be a difficult task to get through on your own, reach out to a family lawyer to assist you with the paperwork. Once the petition is filed, the judge will review it immediately and if the allegation paragraph meets the requirements, you will be granted a temporary restraining order. This order will be valid for 15 days.
During those 15 days, you and your attorney will need to prepare for your court hearing. At the hearing, the judge will hear the evidence from the respondent and allow them a chance to object to the charges against them. The judge will make a ruling, and if you are granted your injunction, it will go into effect immediately.
Consult a Boca Raton Domestic Violence Lawyer
At the Law Offices of Schwartz | White, our Boca Raton domestic violence lawyers will help you take measures to protect yourself against a violent family member, spouse, romantic partner, or even roommate. To speak with someone who will help you obtain permanent safety from your abuser, reach out to the Law Offices of Schwartz | White at 561-391-9943, or go online.
Resources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.30.html
insideedition.com/headlines/16683-johnny-depps-famous-friends-and-exes-come-to-his-defense-amid-domestic-violence-claims
cnn.com/2016/06/10/entertainment/jace-sentenced/
