Want to Know How to Get a Restraining Order in Florida? Begin by Understanding the Basics
In this post, South Florida divorce attorney, Jordan Gerber, discusses restraining order Florida laws. When seeking a Broward County restraining order, it is important to also understand the effects of domestic violence and child custody.
Jurisdiction and other Domestic Violence Procedural Concerns
A final judgment for a Florida restraining order must expressly state certain things. Most noteworthy, that the court had jurisdiction over the parties and the matter under the laws of Florida. Additionally, there must be reasonable notice and an opportunity to be heard. Finally, a party must receive due process rights. Personal jurisdiction is established through the long arm statute for a respondent residing outside of Florida. As a result, a party must have sufficient minimum contacts with the state for service to be proper. Telephonic, electronic, or written communications are enough.
Consequently, a sworn statement supporting that the respondent knew that the petitioner was present in Florida at the time is necessary. It’s filed in the circuit court where either party resides or where the domestic violence took place. In addition, there’s no minimum residency requirement required when filing this form.
Restraining Order Florida Concerns about Safety
A victim’s right to getting a restraining order in Florida isn’t affected by leaving the house to avoid domestic violence. Any person may file a petition for an injunction for protection due to domestic violence. The person must swear under oath as to the relationship between the parties.
- That they are spouses or former spouses.
- They are relations by blood or marriage.
- That they are currently living together as a family or have in the past.
- That parties have a child in common. The parties marital status or if they have resided together at any time is inconsequential.
How To Get A Restraining Order In Florida By South Florida Divorce Attorney
If you’re the victim of domestic violence or have reasonable cause to believe that you are in imminent danger of becoming a victim, getting a restraining order in Florida needs to be top priority. The Clerk of Court files it at any of the courthouses in the county. There are many acts that fall under the definition of domestic violence.
- Aggravated assault
- Aggravated battery
- Sexual assault
- Sexual battery
- Cyber stalking
- Aggravated stalking
- False imprisonment
- Any other criminal offense resulting in physical injury or death to one family or household member by another family or household member
Pay Attention to the Definition of Imminent Danger in Restraining Order Florida Law
A judge considers several factors that give rise to a threat of imminent danger.
- The history of the parties. This includes threats, harassment, stalking and physical abuse.
- If the respondent has threatened to conceal, kidnap, or harm your child.
- The respondent has used, or has threatened to use, any weapons against you.
- If the respondent has destroyed your personal property.
- Whether the respondent has behaved in any other way therefore leading to a belief you’re in immediate danger of becoming a victim of domestic violence.
What You Need to Know Before Filing a Restraining Order Florida Facts
It’s especially relevant to keep in mind that there are two types of injunctions, temporary and final. When the court files order, this is separate from divorce law. A temporary injunction provides immediate protection lasting a maximum of 15 days. A hearing is scheduled prior to expiration of a temporary restraining order. At this hearing, the judge then decides whether to grant a final injunction. This may or may not have an expiration date. If it doesn’t, either party can record and file a request to modify or dissolve the restraining order at any time with the clerk of courts at any of the public courthouses.
South Florida Divorce Attorney Explains How a Restraining Order Florida Works
A Broward County restraining order accomplishes several things.
- Order the abuser to stay away from your home or workplace.
- Forbid the abuser from contacting you directly or through a third party.
- Order the abuser to vacate your shared home.
- Award temporary child custody and limit or prohibit visitation.
- Award temporary child support or alimony.
How to Prepare for Your South Florida Hearing
It’s no surprise that having to learn these procedures is scary. Just because you’re in a courtroom doesn’t make facing an abuser any less traumatic. It may seem corny, but learning breathing techniques can help you keep your cool. You may also want to think of a phrase to repeat to yourself at the hearing if you feel panic creeping in. In conclusion, whatever it takes to get a Broward County restraining order and ensure your safety. There are many other practical things to consider before your hearing date.
- Obtain copies of police reports. If possible, talk to the cops who responded. Police testimony goes a long way.
- Collect all medical records relating to treatment for injuries suffered as a result of abuse.
- Take pictures. Visual evidence of injuries or property damage makes the situation real in the eyes of the judge.
How To Get A Restraining Order in Florida when There are Concerns about Domestic Violence and Child Custody
A South Florida court may award temporary custody of minor children as part of a protection order. This usually lasts for the duration of the order. Broward County restraining order proceedings aren’t conducted in family court. If you already have a divorce or custody case pending, the family judge with handle the injunction also. It’s especially relevant to the court that an award of child custody is related to the safety of the child’s parent. Even if the children are not physically abused, they can be emotionally damaged by exposure to the violence. Therefore, joint custody is inappropriate in for many reasons. Most noteworthy, because the parents aren’t generally able to communicate and make mutual decisions regarding their child’s welfare.
Be Careful of How these Issues are Raised
The laws are slightly different when there are issues of domestic violence and child custody in a parent child relationship. Parents have a right to privacy in the rearing of their children. However, the parenting custody right has limits. Parents may administer corporal discipline to their children, provided that the discipline is reasonable. This means a parent has to be careful when making legal allegations when filing for a Broward County restraining order. Especially when it comes to violence parenting claims for a domestic restraining order. Under the statutory definition of abuse for a South Florida restraining order, corporal punishment of a child for disciplinary purposes is allowed. Consequently, only if it doesn’t result in harm to the child.
Abuse of a child includes acts or omissions on the list of protections domestic violence. Consequently, harm to a child includes violence domestic committed in the presence of a child. Evidence that the child is affected by the violence is required. At the hearing for a domestic violence order, the court may also remove the child from both parents. The Department of Children and Families then conducts a domestic violence parent investigation.
What Happens If a Party Violates the South Florida Order?
A Broward County restraining order is enforced through a civil contempt proceeding. The court may enforce the respondent’s compliance through any appropriate civil remedies. The court that issued the order may award damages to any person who suffers an injury or loss as a result of a violation.
Restraining Order Florida Facts
A woman is assaulted or beaten, through dating violence or otherwise, EVERY NINE SECONDS in the United States. You don’t need to be in the divorce family law world to be shocked by that statistic. Many people abuse partners without a second thought. The abuser’s feelings of satisfaction that he or she has controlled their partner is at the root of their actions. The domestic violence abuser knows that their victim wouldn’t dare call a domestic violence family hotline or get a Broward County restraining order.
In fact, the firm majority of victims witnessed their parents do the same thing. It thereby becomes acceptable, if not expected. Injunction court orders and warnings from a judge that they will issue an injunction permanently makes little difference. This is why I constantly preach to my clients that no matter how much you hate your ex, you have to love your child more. The systematic violence that families suffer from is unacceptable. It is not only ignorant to turn a blind eye to the complexities of abuse and the pattern that it stems from, but a disservice to humanity.
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South Florida Divorce Attorney Law Practice Areas Include:
Florida Prenuptial Agreement
Post Marital Agreement
Simplified Dissolution of Marriage
Contested Divorce Boca Raton
High Net Worth Divorce
Restraining Order Florida
Florida Alimony Laws
Domestic Violence and Child Custody
Injunction For Protection Domestic Violence
Division of Property
Dissipation of Marital Assets
Modification of Alimony Payments
Florida Modification of Child Support
Modification Of Child Custody In Florida
Florida Child Support Enforcement