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The impact of a domestic violence injunction on a Florida divorce

On Behalf of | Jun 26, 2023 | Divorce

Domestic violence represents a serious issue that affects many lives and families, often with devastating consequences. In Florida, the presence of domestic violence further complicates matters. A domestic violence injunction can serve as a critical protective measure for victims.

An injunction is a legal order that requires one party to refrain from certain actions, potentially offering protection and relief to victims of domestic violence. Learn more about the importance of a domestic violence injunction in a Florida divorce.

Domestic violence injunctions

A domestic violence injunction can provide a range of protections. It may prevent the offending party from further acts of violence, restrict their contact with the victim or even require them to move out of a shared residence.

The necessity for an injunction

In the context of a divorce, determining the necessity for an injunction often depends on the circumstances. If there is a history of domestic violence or credible threats of violence, an injunction can offer protection during the emotionally charged period of divorce. Furthermore, you may need an injunction if there are children involved, as it can help provide a safer environment for them.

Implications for divorce proceedings

The issuance of a domestic violence injunction can significantly impact divorce proceedings. Judges consider the best interests of any children involved in making custody and visitation decisions. Evidence of domestic violence could influence these decisions, possibly leading to supervised visitation or even denial of custody to the offending parent.

Application process

To obtain a domestic violence injunction in Florida, victims need to file a petition with the court detailing the nature of the violence or threats. The court then reviews the petition and, if it finds sufficient grounds, can issue a temporary injunction. A full hearing usually follows, at which both parties can present their case. If the court finds it necessary, it will issue a final injunction.

If domestic violence or the threat of it is present, an injunction can provide protection for the victim and their children.