Domestic Violence and Family Law in Florida: Protecting Yourself and Your Children

When family dynamics take a turn toward danger, protecting yourself and your children becomes the top priority. Domestic violence can leave emotional and physical scars, but the law provides tools to help victims regain safety and control. If you’re in Florida and facing family law issues, understanding how domestic violence intersects with custody, visitation, and legal protections is crucial. Let’s break it down step-by-step!

 

 

What Is Domestic Violence Under Florida Law?

In Florida, domestic violence isn’t just about physical harm. It’s broadly defined under Florida Statute § 741.28 to include:

• Physical abuse
• Sexual assault
• Stalking or harassment
• Emotional or psychological abuse (when severe enough to cause distress or fear)

Whether the violence is directed at you or your children, the law is on your side, offering legal remedies to ensure safety.

Obtaining a Protective Injunction (Restraining Order)

A protective injunction, commonly known as a restraining order, is a powerful legal tool to shield victims of domestic violence. Here’s how it works in Florida:

Types of Protective Injunctions

Domestic Violence Injunction: For those facing immediate danger from a family or household member – AKA restraining order.

Repeat Violence Injunction: For victims of two or more incidents of violence or stalking.

Dating Violence Injunction: For individuals in a romantic or intimate relationship who experience violence.

Sexual Violence Injunction: For victims of sexual assault or abuse.

Stalking Injunction: For those targeted by repeated unwanted contact or harassment.

Steps to File for an Injunction

Complete the Petition: You’ll need to file a detailed account of the abuse at your local courthouse or online in some jurisdictions.

Temporary Order: If the judge finds immediate danger, they may issue a temporary injunction, effective until the hearing.

Attend the Hearing: Both parties can present evidence, and the judge decides whether to grant a permanent injunction, which can last indefinitely or for a set period.

What an Injunction Can Do?

• Prohibit the abuser from contacting you or your children.
• Remove the abuser from your shared residence.
• Grant temporary custody or visitation arrangements.
• Mandate counseling or intervention programs for the abuser.

Pro Tip: Keep a copy of the injunction with you at all times and inform your child’s school or daycare of its terms.

Impact of Domestic Violence on Custody Cases

Florida courts prioritize the best interests of the child when determining custody and visitation, and domestic violence is a critical factor in these decisions.

Custody and Parenting Plans

Presumption Against Shared Custody: If a parent has been convicted of domestic violence, Florida law presumes that shared custody is not in the child’s best interest.

Supervised Visitation: In cases where the abusive parent is granted visitation, it may be supervised by a third party or occur at a designated visitation center.

Parental Fitness Evaluations

Courts may require psychological evaluations, home studies, or expert testimony to assess a parent’s ability to provide a safe and stable environment.

Evidence Matters

Documented evidence of abuse—such as police reports, medical records, or testimony from witnesses—can heavily influence custody rulings.

Protecting Yourself and Your Children

Navigating domestic violence and family law cases requires not just emotional strength but also practical steps to safeguard your well-being:

Create a Safety Plan

Identify a safe place to go, whether a friend’s home, a shelter, or a secure location.

Memorize emergency numbers and have an escape route planned.

Document Everything

Keep a record of incidents, including dates, times, and details.

Save threatening messages, emails, or voicemails as evidence.

Seek Support

Contact local domestic violence hotlines or organizations for guidance.

Consider counseling for yourself and your children to process trauma.

Hire an Experienced Family Law Attorney

An attorney can help you file for protective injunctions, manage custody disputes, and ensure your rights are protected, at all cost.

Long-Term Solutions: Moving Forward After Abuse

Breaking free from domestic violence is the first step in building a safer, healthier future for you and your children. Here are some things to consider:

Relocation: Florida courts may allow relocation if it ensures safety. However, you’ll need court approval if it significantly impacts custody arrangements.

Therapy and Support Groups: Professional help can aid healing and provide coping mechanisms.

Legal Follow-Up: Stay in contact with your attorney to address any violations of the injunction or changes in custody arrangements.

The DeWitt Law: Your Partner for Protection

At the DeWitt Law Firm, we understand the courage it takes to confront domestic violence. Our compassionate team is here to guide you through every step, ensuring your rights are protected and your family’s safety is prioritized.  We’re here to help you every step of the way. Together, we’ll work to secure a brighter, safer future.

Ready to ensure your safety and protection and start afresh? Call the DeWitt Law Firm today!