Frequently Asked Questions about Florida Protective Orders in Divorces or Separations

Some divorces or separations are smooth, painless, or mutual. Most can be difficult, time consuming, and maybe even hurtful. But a few can be downright dangerous. In cases in which a divorce or separation is pending, Florida law provides for the issuance of protective orders (orders of protection, or injunctions for protection, or restraining orders are all names for this court document). If you believe you may be in need of an order of protection and have some questions about how the process works or what the process does, continue reading to learn the answers to frequently asked questions about Florida orders of protection.

Are There Different Types of Protective Orders in Florida? Which One Should I Get?

Florida law provides for four different types of orders of protection against violence, each applicable for a different circumstance: domestic, repeat, dating, and sexual. If you’re considering petitioning for an order of protection pertaining to your divorce or separation, you will be seeking a domestic violence protective order. This will be true even if you are seeking protection from sexual violence or from activities that would fall under one of the other categories of orders.

How Do I Know if I Can Apply for One?

In Florida, the legal standard for who may apply for a protective order is determined based on whether the applicant “has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence”. A judge will make this determination based on things like threats, harassment, stalking, physical abuse, abuse of children or pets, the use or threat of use of weapons, and whether there was a prior order of protection in place.

How Long Will the Protective Order Last?

The order’s length may be temporary (usually used to provide immediate protection quickly after filing) and last a number of days. During that time, you’ll be able to prepare for a full hearing with a judge to decide whether you will be issued a final order of protection, the length of which could span a year, more, or have no expiration date at all.

What Will the Order Protect Me From?

Florida protective orders may order your spouse or ex-spouse to stay away from your home or place of business. It may order him or her to leave the home you both share, to relinquish custody of children to you, or even to go to treatment or counseling (for which he or she will need to pay). The judge will decide what terms will be in the order.

How Should I Go About Pursuing an Order of Protection?

If you or someone you care about is in danger of experiencing or has experienced domestic violence, the first step should be finding a safe place to be. But after prioritizing the individual’s life and health, legal avenues for relief can be considered, including protective orders. The help of an experienced family attorney can ease the stress and difficulty of the process. Contact the Tampa family and divorce lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Domestic Violence Injunction vs. No Contact Order

Florida Governor Rick Scott recently signed into law Senate Bill 342, further clarifying the specifics of a “no contact order” and what types of communication it prohibits. No contact orders have long been used to protect victims of domestic violence and prevent the abuser from intimidating the victim. The new law’s clarifications use broad language to accommodate all forms of communication and firmly establish that no contact orders are in effect immediately upon the judge’s order. While no contact orders are exclusively used in the criminal context, the new clarifications additionally shed light on what constitutes communication for domestic violence injunctions.

What is a No Contact Order vs. Domestic Violence Injunction?

A no contact order is similar to a restraining order. Typically, it is ordered by a court as a condition of a defendant’s pre-trial release. The order prohibits a criminal defendant, or a convicted felon, from contacting the victim in the case. These orders usually last for the duration of the criminal matter or until the court otherwise removes or modifies it. The new law ensures that these orders go into effect immediately after the judge issues it. These are entirely criminal orders.

A domestic violence injunction (DVI) is similar to the no contact order in several ways. DVIs are applied for by victims of domestic violence who reasonably believe they are in imminent danger of further acts of domestic violence. If, based on the petition alone, the judge finds an immediate and present danger of domestic violence the court may grant a temporary DVI preventing the abuser from committing any acts of violence and communicating with the petitioner. These temporary orders can also provide the petitioner temporary custody and exclusive control of shared housing. DVIs become effective when the abuser is given a copy of the DVI paperwork. After the temporary hearing, a full hearing will be set, since the temporary order lasts a maximum of 15 days.

What Type of Communication is Prohibited?

Specifically, these prohibit the defendant from directly and indirectly contacting the victim. This means the defendant cannot personally call, text, email, instant message, gesture towards, touch, or even intentionally be near the victim. This includes all communications through social media and professional networking sites. To accommodate ever-changing communication technologies, the new law unequivocally states the defendant cannot communicate “orally or in any written form” to cover any and all measures of written or spoken communication.

Defendants also cannot indirectly contact the victim. This means defendants cannot cause a third person, usually a friend or family member, to contact the victim that they themselves are prohibited from speaking to.

How Can DVIs Be Lifted?

A DVI will last longer than the original 15 days set forth in the temporary order. These final injunctions may provide more protections than a temporary injunction and can last indefinitely. Should you be granted an indefinite DVI, motions to modify its conditions can be filed. Similar to the no contact order, DVIs cannot be eliminated simply because both parties wish to begin speaking or reunite; the judge must dissolve the DVI. Either party can petition the judge to terminate the order and the judge will decide whether or not to grant the termination.

How Do I Protect Myself?

If you are a victim of domestic violence or domestic abuse, there are powerful legal tools to help you obtain the protection you need. If a restraining order or DVI has been entered against you, there are legal procedures in place to protect your rights. The experienced and compassionate attorneys at All Family Law Group, P.A., in Tampa will provide experienced legal help in any domestic violence-related legal matter. Call 813-321-3421 for a free consultation, or contact us online today.

By Lynette Silon-Laguna Google+