Divorce is an emotionally challenging time, and when it involves an element of domestic violence, it becomes even more complicated. In Florida, you might consider a domestic violence injunction to protect yourself and your loved ones during the divorce process.
Understanding what a domestic violence injunction is and the circumstances that might warrant seeking one can help you make informed decisions regarding your safety and peace of mind.
What is a domestic violence injunction?
In Florida, a domestic violence injunction is a legal order to protect you from further harm by someone close to you. It can restrict the other person from coming near you, contacting you or even living in the same home as you.
When should you consider a domestic violence injunction?
If you fear for your safety or that of your children due to threats, harassment or violence from your spouse, you should consider seeking a domestic violence injunction. It also applies if you have been the victim of stalking, assault or any other form of abuse.
How to get a domestic violence injunction
To obtain an injunction, you must file a petition at your local courthouse detailing the incidents of violence or threats. The judge will then decide whether to issue a temporary injunction, based on the information you provide. A full hearing usually occurs within two weeks, where both parties can present evidence before the court issues a permanent injunction.
What are the effects of a domestic violence injunction on your divorce?
Having a domestic violence injunction in place can impact the decisions made during the divorce process. Florida courts prioritize the safety of children, and an injunction can influence the judge’s decision on who gets custody.
Navigating a divorce in the context of domestic violence is difficult and stressful. A domestic violence injunction can offer some level of protection, peace of mind and legal leverage during this tough time.