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Personal Injury/Wrongful Death/Medical Malpractice/Family / Divorce/Criminal Defense/Probate
Restraining Orders

Florida Family Law Attorney: Domestic Violence: Florida Restraining Order

 

Unfortunately, domestic violence is an issue that often arises within the context of a divorce case. Florida domestic violence incidents are covered by their own statutes and are governed by a specific set of procedures.

In Florida, there are two types of domestic violence cases. In a criminal domestic violence case, police will arrest the perpetrator and charge them a crime of battery/domestic violence. Defendants are processed, prosecuted and punished.

 

Civil domestic violence cases, on the other hand, are more common during the course of a divorce and usually result in one party seeking a restraining order against the other. A civil domestic violence case seeks remedy from the courts to keep the offender, in this case the spouse, away from you.

 

You can obtain a restraining order against your spouse if they commit any act of physical violence against you, make a threat to commit physical violence against you, or if you have a reasonable fear that you are in imminent danger of harm from them.

 

For Victims of Domestic Violence

2 Anyone that is experiencing physical abuse, or threats of abuse, should remove themselves from the home and seek help from the Florida Department of Children and Families.

 

3 Contact a Florida family law attorney to help secure a temporary injunction against your alleged abuser. Typically, if granted, these injunctions are good for 15 days or until a hearing is scheduled. During that time, an abuser is prohibited from contacting you, must stay away from your home and place of employment, vacate the shared residence and surrender any firearms.

 

4 Following a hearing, the judge may award an indefinite order of protection that may also award custody, child support, and/or alimony to the petitioner.

 

For Those Accused of Domestic Violence

5 Anyone that has been accused of domestic violence must seek legal representation immediately. Your home, your ability to see your children, your right to carry a weapon and your financial situation are all at stake if you have been targeted in a civil domestic violence case.

 

6 Sometimes, accusations of violence are false and arise from a contentious divorce proceeding.

 

Domestic violence hurts everyone in a household. Victims feel as if they have nowhere to turn. The children, however, are the ones who are often the most affected by violence in the home, carrying lifelong scars that can lead them to become abusers or victims themselves.

 

If domestic violence plays a role in your divorce, whether you are the victim of the accused, it is important that you retain a Florida divorce lawyer who can help you to protect yourself, your children and your rights.

 

Stephen K. Miller, P.A. and his team, working from several offices throughout North-Central Florida, are well-versed in handling restraining orders and temporary injections as they related to divorce and family law.

 

Contact Us today to find out how one of our skilled Florida family law attorneys can help you.

 

 
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(Alachua County)

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(Duval & Surrounding)

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(Marion & Surrounding)

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(Levy & Surrounding)

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