How to File A Restraining Order Before a Divorce in Florida

It is vital to know that you can be protected from continuous abuse before divorce if you are being threatened or physically or sexually abused in the marriage by your spouse. In Florida, an Injunction, or a restraining order, is one of the crucial steps in protecting yourself from being continuously harmed or abused.

An Injunction or a restraining order forbids or prohibits someone from committing other forms of violence. This is because it restricts the person harming you from getting close to you, your house, children, place of work and so on.

Filling a Restraining Order Before a Divorce

When a marriage becomes toxic or violence begins, the best is for the victim to exit. However, this can pose a more significant threat than you expect. Hence it is essential to protect your safety by filing a restraining order.

The first thing to do when you want to obtain a restraining order is to file a petition. The Petition requires you to provide your contact information and the contact information of your spouse or the perpetrator, referred to in the Petition as the respondent. 

Also, you will have to give information about the recent incidents of violence, and then you will submit any documentation you have, such as a police report.

Once the Petition is completed, you can file it in person or online through the Florida Courts e-Filing Portal. The court will provide a copy of the Petition and notice of the hearing to the Sheriff, and then the Sheriff will deliver the document to the perpetrator.

Next, the court will schedule a hearing, usually done promptly, the same day you filed the Petition. Hence it is necessary to have your evidence ready before filling it. The court could grant you a temporary Injunction, which usually lasts 15 days, if the judge feels you might suffer harm by waiting. The temporary injunction does not require the presence of the perpetrator.

However, the court may decide not to grant a temporary injunction. In this case, you must wait 15 days before the entire hearing. 

The court will then schedule another hearing to decide on a more long-term injunction. The perpetrator’s presence is necessary at this hearing. They’ll be allowed to tell their side of the story. After the full hearing, the court may grant or reject your Petition outright.

What is Next After an Injunction is granted

If the court grants your injunction, then the respondent violates the term of the injunction, you have legal recourse. You will need to report the case to the police and file a petition for violation of injunction with the same court that gave the initial order. 

Violating an injunction or restraining order is considered a first-degree misdemeanor in Florida. It is punishable by up to $1000 in fines and one year in county jail.

Conclusion

The Petition to file for an injunction can be rejected outright. The injunction would only be accepted if the process is duly followed. Contact a family lawyer to help you fill your restraining order and protect yourself.