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Restraining and Protective Orders

Dissolution of marriage proceedings involve people who have invariably had some heated disagreements before reaching the point of filing. For this reason it would be logical to think that a high percentage of couples enter the process in an acrimonious and heated state of mind. Fortunately this is not the case, and there are a number of reasons for it.

One of them is the fact that people who are involved in a divorce action have usually been living apart for a while. Having thought it through they realize that the marriage is over, and there is really nothing left to argue about on that level. They recognize the fact that they have to decide on the terms of the divorce and in nine out of ten cases they can reach an agreement and avoid a contested divorce.

However, there are some dissolution of marriage filings that take a violent turn. This can happen when an individual who has been abusive all along reacts to the news of the divorce action violently, or in cases when someone who has not previously been abusive crosses the line. If you feel as though you are in immediate danger your first line of defense would be to call 911.

You can also petition the court to issue a restraining or protective order, something that in Florida is called a domestic violence injunction. Generally speaking, this is a court order that makes it a crime for the abusive party to make contact with you. The exact details of  each injunction will vary on a case-by-case basis.

When you ask the court to restrict the movement of another individual he or she has the right to respond to the allegations. So a permanent domestic violence injunction cannot be issued until the accused is notified and a hearing can be scheduled. However, the court can issue a temporary injunction that will remain in place until the hearing takes place.

For legal advice regarding restraining and protective orders get in touch with a Tampa FL family attorney to arrange for a free consultation.

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