Divorce is often a stressful and emotional process, but when domestic violence is involved, it becomes even more complex and urgent. In situations where a spouse or partner is abusive, obtaining legal protection becomes critical for the safety and well-being of the victim and their children. One of the most effective legal tools available in Florida for protecting individuals from abuse during divorce proceedings is a domestic violence injunction. Understanding the role these injunctions play in divorce cases is essential for those facing or considering divorce in the midst of a domestic violence situation.
What Is a Domestic Violence Injunction?
A domestic violence injunction, often referred to as a restraining order, is a court order designed to protect a victim of domestic violence from further harm. In Florida, domestic violence is defined as any assault, battery, stalking, kidnapping, or any other criminal offense that results in physical injury or death to one family or household member by another. These injunctions provide immediate protection to the victim by legally prohibiting the abuser from contacting or coming near them.
A domestic violence injunction can include various forms of protection, such as:
- Preventing the abuser from coming within a certain distance of the victim’s home, workplace, or children’s school.
- Ordering the abuser to vacate the shared residence.
- Awarding temporary custody of the children to the victim.
- Establishing temporary child support and spousal support.
Filing for a Domestic Violence Injunction in Florida
In Florida, a victim of domestic violence can file for an injunction at any point, including during a divorce. The process for filing for a domestic violence injunction is relatively straightforward:
Petition: The victim must file a petition with the court, outlining the incidents of domestic violence and why protection is necessary. This can be done at the courthouse, and in some cases, victims may be able to get assistance from domestic violence shelters or legal aid organizations.
Temporary Injunction: Once the petition is filed, a judge may grant a temporary injunction if they believe the victim is in immediate danger. This order provides protection until a formal hearing can take place, typically within 15 days.
Hearing: During the hearing, both the petitioner (victim) and the respondent (alleged abuser) can present evidence and testimony. The judge will then decide whether to issue a final injunction, which can last for a specific duration or indefinitely, depending on the circumstances.
It is important to provide as much evidence as possible during the hearing, including police reports, medical records, witness statements, and any other documentation that demonstrates the abuse.
Domestic Violence Injunctions and Divorce Proceedings
When domestic violence is involved, the presence of an injunction can significantly impact divorce proceedings. Here are some key ways in which a domestic violence injunction affects a divorce case:
Custody and Timesharing
In Florida, child custody and timesharing are determined based on the best interests of the child. If a domestic violence injunction is in place, it can heavily influence the court’s decision regarding custody and visitation rights. The court will prioritize the safety and well-being of the child, and evidence of domestic violence is considered a serious risk factor. In many cases, the abusive parent may be denied custody or granted only supervised visitation.
Division of Assets and Alimony
Domestic violence may also affect the division of marital assets and the awarding of alimony. Florida is an equitable distribution state, meaning that assets are divided fairly, though not necessarily equally, between both parties. If one spouse has been abusive, the court may take this into consideration when dividing assets or determining spousal support. The abusive spouse may be ordered to pay alimony or provide other financial support, especially if the victim has suffered financially as a result of the abuse.
Living Arrangements
A domestic violence injunction can force the abusive spouse to vacate the family home. In many cases, the victim is awarded temporary possession of the marital residence, allowing them to remain in the home while the divorce is being finalized. This can provide stability for the victim and any children involved, particularly when the court has already issued an injunction preventing contact between the abuser and the victim.
Impact on Mediation and Settlement Negotiations
In Florida, many divorce cases involve mediation—a process in which both parties negotiate the terms of their divorce with the help of a neutral third party. However, when domestic violence is present, mediation may not be a safe or appropriate option for the victim. Florida courts recognize this and often exempt victims of domestic violence from mediation requirements, allowing them to pursue a court hearing instead.
Challenges Victims Face in Obtaining Injunctions
Although domestic violence injunctions offer significant protection, obtaining one can still be a challenging process for victims. Some common challenges include:
- Fear of Retaliation: Many victims hesitate to file for an injunction out of fear that their abuser will retaliate. While injunctions provide legal protection, they do not always stop the abuser from attempting further contact or harm. It is important for victims to have a safety plan in place.
- Proving Domestic Violence: In some cases, victims may struggle to provide enough evidence to convince the court that an injunction is necessary. This is why it is essential to gather as much documentation as possible, including police reports, text messages, emails, and witness statements.
- Emotional and Psychological Barriers: The emotional toll of domestic violence can make it difficult for victims to navigate the legal process. Support from family, friends, and domestic violence advocates can be crucial in helping victims move forward with filing for an injunction.
Seek Legal Help
Navigating a divorce involving domestic violence requires the support of experienced legal professionals who understand the complexities of both family law and protective orders. If you or a loved one are facing domestic violence and need assistance with filing for an injunction or managing a divorce case, it is essential to seek legal advice. Contact Broward County divorce attorney Scott J. Stadler at (954) 398-5712 or by filling out the online form to schedule a consultation and receive guidance on how to protect yourself and your family.