Using a Restraining Order in a Divorce Proceeding

July 20, 2021

When marriages end, it all comes out – the good, bad, and ugly, but as nasty as divorces can sometimes get, a spouse’s emotions should never lead them to take vindictive action or cause physical harmful.

Unfortunately, there are all-too-many instances when civil injunctions need to be used.

What is an injunction?

An injunction is a court order that forces someone to stop engaging in a particular type of behavior. Also referred to as a restraining order, a civil injunction is a legal means of helping protect a person from threats or acts of violence by another person.

Florida Statute 741.30 states that that a family or household member who is the victim of domestic violence or who has reasonable cause to believe that he or she is in imminent danger of becoming the victim of domestic violence may file for an injunction for protection against domestic violence.

In Florida, there are four types of civil injunction petitions that may be filed with the court: domestic violence, sexual violence, dating violence, and repeat violence.

Civil Injunctions are frequently used in divorce proceedings until there is a hearing to finalize time-sharing with the kids and other aspects of the divorce. For people who want to get their soon-to-be ex-spouses out of the house, filing a petition for an injunction can offer them and their kids’ safety and protection.

If you are going through a divorce or face threats or fear of violence, get help immediately. Our team at the Vasquez de Lara Law Group can help ensure your legal rights are upheld and that protections are in place to keep you and your family safe. Contact us right away to schedule a confidential case evaluation to discuss your specific situation.