Restraining and Protective Orders in Jacksonville Florida

Jacksonville FL Divorce Lawyer – Family Law Attorney

Domestic violence can rear its ugly head at any time, but when dissolution of marriage proceedings enter the picture, emotions can run higher than ever, increasing the possibility of violent or threatening behavior. Individuals who have been consistently abusive throughout the relationship can become enraged when they find out that their spouse or partner is filing for a dissolution, and this is one scenario that is all too common. But even in cases where violent or abusive and threatening behavior was not commonly present, a filing for dissolution of marriage can catalyze an emotional outburst.

Fortunately, Florida law provides people who are at risk with legal recourse in the form an injunction against domestic violence. An individual who has been victimized or even threatened can file a petition for an injunction for protection with the Clerk of the Circuit Court, making it a crime for the abuser to make physical contact or even indirect contact in some cases. This order can also be extended to address other matters, such as temporary custody of a dependent child or children and/or an order of temporary child support or spousal maintenance.

Should the abusive party act in violation of the domestic violence protective injunction, he or she is subject to arrest. It is important to note than one need not be the victim of direct physical violence to petition the court for a protective injunction. One must only prove that he or she is in “immediate danger” of being victimized. Discussing judicial recourse in terms of protective injunctions is necessary and prudent when exploring this area of family law, but always remember that when you are in the midst of a violent or threatening situation, your most immediate recourse is a call to the police.

In the state of Florida the court can also be petitioned to issue a restraining order that prevents your estranged spouse from using, transferring, or liquidating certain assets. Such an order can stop a potential usurpation dead in its tracks, but it is clearly a step that is best taken by a FL family attorney who has a background successfully handling cases that require the use of these types of protective legal instruments.

If you have any question or concerns about restraining and protective orders, contact a Jacksonville FL family attorney for a free and confidential consultation