The Challenges of Divorcing an Addict
When a spouse or partner engages in threatening or harmful behavior, your first priority should be your safety and the safety of your children. Fortunately, Florida law allows domestic violence victims to seek injunctions for protection, commonly known in some areas as “restraining orders.” There are specific procedures to follow, and you should not delay in taking action as you may risk further incidents of violence.
After getting your initial injunction, you may have many questions about where to go from there or how domestic violence may impact a pending or future divorce. Do not hesitate to call Carman, Bevington & Finegan, P.A. to learn how we can assist you.
Types of Injunctions for Protection in Florida
Florida courts can grant different types of injunctions for protection depending on your specific circumstances. The following are some available injunctions:
● Domestic violence injunction – Protects adults from domestic violence by a spouse, family member, romantic partner, household member, or co-parent of a child. Children may also petition for protection against domestic violence.
● Dating violence injunction – Protects adults and children from violence within a dating relationship.
● Sexual violence injunction – Protects adults and children from sexual battery and other sex-related crimes.
● Stalking injunction – Protects adults and children who have experienced at least two incidents of stalking, including cyberstalking.
● Repeat violence injunction – Protects adults and children after at least two incidents of violence, at least one of which took place within six months of the initial injunction petition.
The terms of each injunction will vary depending on the type of injunction sought and the details of each specific situation.
Initially, injunctions for protection are temporary in nature and can be made permanent. If you believe you need immediate protection, you can fill out the required paperwork to request an ex parte temporary domestic violence injunction from the Court. If the Court determines there is the appearance of a present and/or imminent threat of domestic violence, it can grant an ex parte order on a temporary basis without allowing the other party to argue against the injunction.
The Court will then schedule a return hearing, of which the other party will be notified and can make an appearance, at which time, both parties will have the opportunity to present evidence. If you are facing a hearing to obtain an injunction for protection on a permanent basis, you should seek help from an experienced Florida domestic violence attorney. An attorney can accompany you to the hearing and represent you, helping you show that you were the victim of domestic violence or that you have reason to believe you are in imminent danger of such violence. This can allow you to obtain a permanent injunction with specific terms protecting you from further violence or threats.
Consult with Our Brandon Domestic Violence Law Firm as Soon as Possible
At Carman, Bevington & Finegan, P.A., we represent clients at hearing for injunctions, help them address violations of injunctions, as well as, assist with any divorce-related matters that may be affected by domestic violence. Contact us online or call 813-654-3444 for more information about how we can help.