If you feel you are in immediate danger, call 911 immediately. Wondering when to get a restraining order during your Florida divorce? Here are a few things you need to know.
It is an ugly fact of divorce that sometimes one spouse needs to file a restraining order against the other before or during proceedings. Talking about domestic violence is not pleasant, but as a family law attorney, I feel it is important to speak up.
Why? The problem is more prevalent than you might think.
According to the National Coalition Against Domestic Violence, 37.8% of women and 29.3% of men in Florida experience intimate partner dating violence, intimate partner sexual violence, or intimate partner stalking in their lifetime.
One way to protect yourself from violence is to file a restraining order, also known as a protective injunction, against your partner at the right time.
When to Get a Restraining Order during a Florida Divorce
Your Spouse Is Harassing You
In Florida, harassment is reason enough to file a restraining order. The Florida Statutes state that to harass someone means “to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.”
If your spouse is engaging in harassment against you, you should consider filing a restraining order against them.
Your Spouse Has Threatened You
You may think that any threats your spouse makes against you are just hot air, but in Florida, they are grounds to file a protective injunction. Whether you believe the threats or not, it is always better to be safe than sorry.
Threats may be verbal or nonverbal, including electronic communication. They may also be implied by a pattern of conduct. If your spouse threatens you, document it in detail. It may help your case.
You Are Afraid for Your or Your Child’s Physical Safety
If your spouse has previously physically abused you and you fear for your safety or the safety of your loved ones, do not hesitate to speak to an attorney about filing a restraining order against them.
Don’t know when to get a restraining order against your spouse? Schedule a consultation with me today.
What to Know about the Different Types of Florida Restraining Orders
Florida has five types of restraining orders to address different situations, including:
- Domestic violence
- Sexual violence
- Repeat violence
- Dating violence
Choosing the type of protective order that is best for your situation requires knowledge of Florida laws, so it is best to contact a lawyer before filing. If you feel that you are in immediate danger, do not hesitate to call 911.
Don’t know when to get a restraining order during your Florida Divorce? We are here to help.
If you are considering filing a restraining order against your spouse, I am here to help. Let’s discuss your case during a consultation so I can advise you in the best way possible.