Go Away and Leave Me Alone: Florida Injunctions for Protection
Florida has various types of injunction available. Once the correct type of injunction is determined, the process is initiated by the filing of a Petition for Injunction. Although the process is accessible with or without counsel, having representation throughout the process can be beneficial in ensuring you obtain the protection that is necessary.
An Injunction (sometimes referred to as a restraining order) is a Court Order which directs a person not to have contact with another. An Injunction can prevent abuse and threats of abuse and can prevent an abuser from contacting or coming near a victim. Florida has various forms of injunction available:
Domestic Violence Injunction: This applies to people who live in the same household or who have children with each other. “Family” can include a spouse, an intimate partner who you live with but are not married to, blood relatives, adopted children, step parents or step children.
Dating Violence Injunction: This applies to people who are or have been in an intimate or dating relationship and who have interacted with their abuser within the six months prior to filing the petition for injunction.
Sexual Violence Injunction: This applies to people who do not live together or share children together but when a sexual battery has been committed and reported to law enforcement.
Repeat Violence Injunction: This applies when none of the other categories of relationship (i.e. Domestic, dating, or sexual) apply. This type of injunction can be used between neighbors, coworkers, former friends etc. For this type of injunction to apply there must have been at least two incidents of physical violence, threats, or stalking and one or more incident must have occurred within the six months prior to filing the petition for injunction.
Stalking Injunction: These are intended to protect a person from being followed, harassed, or cyberstalked by another person. For this type of injunction there does not need to have been any prior relationship (this can apply to persons such as former friends, acquaintances, neighbors, or coworkers etc.). Florida defines stalking as “Willfully, maliciously, and repeatedly following, harassing, or cyberstalking another person.” Harassment is defined as “engaging in a course of conduct that causes substantial emotional distress and serves no legitimate purpose.” Cyberstalking is defined as “repeated, unwanted online contact or surveillance that results in distress to the person targeted.”
Once the correct type of injunction is determined, the process is initiated by the filing of a Petition for Injunction. The injunction process is designed to be accessible to parties with and without counsel, so an unrepresented individual can go to the family law department of the County Courthouse and access the forms to complete and file, during business hours. If the incident occurs outside of business hours then abuse should be reported to law enforcement, who can contact the clerk if it is determined an injunction is needed. Although the process is accessible with or without counsel, having representation throughout the process can be beneficial in ensuring you obtain the protection that is necessary.
When the forms are completed and submitted to the Clerk, a determination can be made immediately of whether a temporary injunction will issue. If a temporary injunction is entered by the judge, the violator will be served a copy of the petition, notice of hearing and the temporary injunction. A hearing on the injunction will be set within 15 days. The hearing will be evidentiary, meaning evidence can be admitted and testimony offered. Having experienced counsel to represent your interests can be extremely beneficial during the hearing, to make sure you can show the judge the required elements to enter the injunction on a permanent basis. Counsel can also facilitate a possible consent agreement with the other party and/or their counsel so that a hearing may not be necessary to obtain the relief sought.
Contact Cody Law in St. Augustine, Florida to learn more about the process and for guidance in obtaining an injunction for protection.
Should I Move Out of the Marital Home?
Should I move out of the marital home during a Florida divorce?
During a Florida divorce many people are faced with the conundrum of whether to stay in the marital home. While there is clear-cut answer to this question there are several factors that should be considered in reaching a decision:
Safety
The first consideration should always be any personal safety risks involved in continuing to cohabitate in the family home. If the environment is unsafe it is important to get out of the situation and find other accommodations immediately.
Are There Minor Children Involved?
If there are minor children of the marriage, it may not be ideal to move out of the family home until the court enters a temporary or permanent parenting plan, outlining how each parent will split time with the children. If you need to move out prior to an official order on timesharing, you should at a minimum have an informal arrangement agreement in place with your spouse for each parent to maintain timesharing with the minor children. Moving out could potentially have an impact on the Judge’s decision on parental responsibility and timesharing, if your case makes it to trial. The Judge will consider the reasons for leaving the home and your continued contact or lack of contact with the children following the move.
Do You Intend to Keep the Marital Home?
If you plan to keep the marital home, moving out may not be in your best interest and the court could construe the move as abandonment. If it’s likely you and your spouse will fight over who should be awarded the home, staying under one roof may be helpful in maintaining a strong claim to the property.
Short Term Expenses
Staying under one roof has it’s advantages. While it could be uncomfortable to live together during the divorce, it will keep your short term costs lower. unless you have friends or family who are willing to let you stay with them at no cost, you will most likely need to pay rent, utilities and other living expenses on a new living space, in addition to costs on your marital home. Consider your resources and whether moving out during the divorce is feasible.
Access to Personal Items in the Home
Moving out of the marital home will limit your access to and control of items of personal property within the home. If you leave the home you should make a list of items of personal property and photograph/video items in the home to help with division of marital assets.
Ultimately, there are many factors that should be taken into consideration when making the decision of whether or not to remain in the marital home. Cody Law can help guide you in making this difficult decision. Call or e-mail us for a consultation.