Divorcing couples may understandably have tension between each other during the proceedings; but in worse situations, there may be a risk to your life or safety. In these kinds of cases, you may want to lean on the force of law to put distance between you and your spouse.
The state enforces that distance with a protective injunction and you have other tools at your disposal that may increase the overall safety of you and any children involved.
Protective injunction basics
There are five types of protective injunctions in Florida: domestic violence, sexual violence, dating violence, repeat violence and stalking. According to the Florida courts, each of them is similar in some ways including:
- Each involves a petitioner and respondent (the victim and the other party)
- A judge has the authority to issue a temporary injunction if he or she deems it necessary
- Each involves a hearing to determine if a long-term injunction is necessary
- The injunctions involve a number of restrictions appropriate to the case including physical distance and digital engagement
Domestic violence injunctions generally apply best to hostile divorce cases and may involve barring the respondent from entering a shared dwelling or awarding 100% custody of the children to you on a temporary basis.
Other means of protection
While law enforcement has the authority to penalize a respondent for violating a protective injunction, time is of the essence when your safety is on the line. Proactive measures like changing the locks, keeping your phone nearby and letting your support group or community know that you have an injunction against your spouse are all ways that may increase your safety.
A hostile divorce is a sensitive situation, but knowing your options and relying on your resources may keep the process smooth and, most importantly, safe.
