Divorce is an emotionally challenging time, and when it involves an element of domestic violence, it becomes even more complicated. You might consider a domestic violence injunction in Florida to protect yourself and your loved ones during the Florida 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?
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.
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.
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.
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 in Florida. It also applies if you have been the victim of stalking, assault, or any other form of abuse.
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 children are involved, as it can help provide a safer environment for them.
How Fast is Domestic Violence Injunction Granted in Florida?
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.
Since the implementation of Greyson’s Law, this process moves fairly quickly in Florida.
Based on your information, the judge will decide whether to issue a temporary injunction. A full hearing usually occurs within two weeks, where both parties can present evidence before the court issues a permanent injunction. If domestic violence or the threat of it is present, an injunction can protect the victim and their children.
There are additional domestic violence services in Florida that can help, as well.
How Does a Domestic Violence Injunction Affect a Divorce in Florida?
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.
So, having a domestic violence injunction in place can impact the decisions made during the divorce process. Florida courts prioritize the safety of children, realizing the effect of domestic violence on a family, 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. A Tampa domestic violence divorce attorney can help.
