If you are in the process of leaving an abusive situation or a violent partner, it is important to take steps to keep yourself and your children safe. First of all, it is important to understand that the time a person decides to leave a violent or abusive relationship is when he or she is most in danger of being hurt. Before you leave, be sure to have a plan in place. One part of that plan can be to file for a domestic violence injunction, commonly referred to as a restraining order in Florida. Yet, it is also important to understand that just having a restraining order on file cannot protect you from a partner who is intent on committing an act of violence against you or your children. Finding a safe place for you and your children while you also take legal steps to protect yourself and your children are both equally important.
Filing a restraining order or domestic violence injunction can have a major impact on your divorce and child custody case. It is important to have proper evidence to support your filing and to understand what a restraining order and domestic violence injunction can and cannot do. The Aikin Family Law Group are family lawyers in Orlando, Florida who may be able to assist you with filing an injunction for domestic violence or when filing a restraining order.
Can I File a Restraining Order?
Individuals can only file a restraining order in certain situations. You are permitted to file an Injunction for Protection, or a restraining order, if your partner has committed acts of violence against you and your children or made threats to commit acts of violence. When filing your Injunction for Protection, you may need to provide documentation to prove threats. Documentation can include police reports, medical records, text messages, e-mails, or any other information you may have that can prove that violence has occurred or that you have been threatened. What will the courts consider threatening or acts of violence? Destruction of property, assault, threats of violence, kidnapping, restraining you, lewdness, sexual assault, stalking, trespassing, or other types of harassment are grounds that could permit you to file a restraining order. While you do not need a lawyer to file an Injunction for Protection, having one on your side can be helpful when it comes to building a stronger case for why a restraining order should be put in place. The Aikin Family Law Group are family attorneys in Orlando, Florida who may be able to assist you with this process.
How Can A Restraining Order Impact My Divorce?
A restraining order can impact your divorce by affecting matters of child custody. When it comes to division of property and assets, any evidence of domestic violence that may have resulted in medical expenses or damaged property could also affect how property and assets are divided. Having a restraining order in place could result in a parenting plan that limits parenting time with the abusive parent or a parenting plan that requires supervised visitation.
However, sometimes abusive partners have claimed that the victim was trying to use a restraining order to get a favorable child custody arrangement. When seeking a restraining order when you are in the middle of a divorce, it is incredibly important that you have strong and compelling evidence to support your case for the order. There have been cases where victims filed for a restraining order and a manipulative partner turned the story and evidence around, making the parent who filed the order appear to be the abusive parent engaging in an act of “parental alienation.”
The benefits of filing a restraining order is that, if successful, it will require the abusive or violent parent to leave your home. Getting a person out of your home otherwise, when you are still married can be a challenge. Speak to The Aikin Family Law Group, family lawyers in Orlando, Florida today if you are concerned about how filing a restraining order could impact your divorce. Our firm can look at your case, help you understand how filing a restraining order can impact your case, and help you with the next steps.
How The Aikin Family Law Can Help You in Cases of Domestic Violence
Leaving a violent marriage requires an incredible amount of courage. It can be very difficult and even dangerous to try to leave such a relationship without help. The Aikin Family Law Group are divorce attorneys in Orlando, Florida who can help you navigate all aspects of the divorce and separation process and help you understand whether a restraining order is appropriate. If you feel that you are in danger, call 911 or call the National Domestic Violence Hotline at 1-800-799-7233.