Protection Provided By A Restraining Order During A Divorce
Filing for divorce is a difficult experience, but it can also be a frightening one if the spouse filing for divorce is also a victim of domestic abuse. A restraining order, or injunction for protection, can provide a spouse with safety while a divorce is ongoing, and the law office of Blair H. Chan, III can help. Call or contact us today when it is safe to learn more.
Types of Florida Restraining Orders
Victims of domestic violence have options when it comes to filing a restraining order against a spousal abuser. A temporary restraining order, or injunction for protection, provides the victim and their loved ones with immediate protection from the abuser. If the judge believes that there is immediate and present danger, a temporary order is awarded and is effective as soon as it is served to the abuser spouse.
A hearing for a final injunction for protection, or restraining order, is supposed to happen within fifteen days of the issuance of a temporary order of protection. At the hearing, both spouses have an opportunity to present their case. If the judge finds in favor of the victimized spouse, they will issue a final restraining order for a set period of time or indefinitely, depending on the circumstances.
Temporary Injunction Protections
A temporary order of protection can provide a spouse with a number of benefits after the divorce papers are filed but before a final injunction hearing has been set. These protections in Florida include the following:
- The abuser must stop abusing the victim,
- The abuser must leave the home or give temporary, exclusive use of the home to the spouse filing the temporary injunction,
- Give the spouse filing the injunction a temporary parenting plan that can include 100 percent time-sharing with that parent, and
- Give temporary, exclusive possession or control of an animal that belongs to the spouse filing the injunction, the abuser, or a child as well as ban the abuser from having contact, giving away, hiding, or harming the animal.
Final Injunction Protections
If the court rules in favor of the spouse filing an injunction of protection and grants a final restraining order, that spouse filing for divorce is granted even more protections under Florida law. In addition to the benefits provided with a temporary injunction for protection, they can also be granted the following:
- The abuser must stay away from their spouse’s home, work, and other commonly visited areas,
- The abuser must not contact their spouse, either directly or through a third party,
- Provide temporary child and spousal support,
- Order the abuser to attend treatment, counseling, or a batterers’ intervention program at their own expense,
- Ban the possession of firearms and ammunition by the abuser,
- Provide resources for local domestic violence centers, and
- Order any other protections deemed necessary to protect the victimized spouse and any children involved in the matter.
Contact Our Office Today
If you need help filing for divorce and obtaining an injunction for protection from an abusive spouse, let the Tampa divorce lawyers at the law office of Blair H. Chan, III help. When you find a safe place and time to do so, call our office or contact us online to schedule a consultation of your case today.