A divorce can be a very stressful and overwhelming process. Unfortunately, it can also be a time when one spouse may feel threatened or unsafe. This is where protection comes in. Florida law provides several avenues for obtaining protection during divorce proceedings. In this article, we will discuss how to seek and obtain protection during a Florida divorce.
Domestic Violence Injunction
If you or your children are in immediate danger, you can seek a domestic violence injunction. A domestic violence injunction can be obtained against a spouse or former spouse, someone you live with or formerly lived with, or someone you have a child with. A domestic violence injunction can include provisions that prevent the abuser from contacting you, coming near your home or place of work, and may even require the abuser to attend counseling.
Steps for obtaining a Domestic Violence Injunction
- File a petition with the court clerk
- Appear at a hearing when scheduled
- If the injunction is granted, a temporary injunction will be issued for up to 15 days
- A second hearing will be scheduled where the court will decide if the injunction should be made permanent
It is important to note that obtaining a domestic violence injunction is a serious legal matter. False allegations can have severe repercussions, including criminal charges. Seek legal advice before filing for a domestic violence injunction.
Restraining Order
If you feel threatened but not in immediate danger, you may consider seeking a restraining order. A restraining order can prohibit your spouse from contacting you, coming near your home or place of work, and can also include provisions such as a requirement that your spouse turn over firearms.
Steps for obtaining a Restraining Order
- File a petition with the court clerk
- Appear at a hearing when scheduled
- If the restraining order is granted, it will typically last for up to a year
Appropriate Use of Protection Orders
It is important to understand that protection orders should not be misused in order to gain an advantage in divorce proceedings. False allegations or the misuse of protection orders can harm both parties in the long run. It is important to seek legal advice before seeking any type of protection order.
Contact A Lawyer
If you or your children are in immediate danger, do not hesitate to contact an attorney who can help you obtain the protection you need. An experienced attorney can help guide you through the legal process and ensure that your rights are protected.