South Florida Divorce Attorney Eric N. Klein

Restraining Orders

Leaving an abusive spouse is a very difficult situation on every level: emotionally, financially, and with regard to practical matters such as childcare arrangements. Many people do not realize that it is also a very dangerous time in a person’s life. Violence in an unhealthy relationship often escalates when the victim tries to leave, and many abusive partners respond to being left by harassing or even stalking their victims.

If you are leaving an abusive partner, it may be in your best interests to file for a restraining order. In Florida, this type of legal order is called an Injunction for Protection Against Domestic Violence, or simply an Injunction. It can be temporary or final. A Temporary Injunction lasts fifteen days and will help to protect you in the days leading up to the hearing for your Final Injunction. A Final Injunction will be awarded by a judge if he or she is convinced that you need one. It can last for a certain amount of time, such as one year, or it might have no expiration date.

An Injunction is not a charge or conviction. It will have no legal ramifications for your abuser unless he or If she violates it. An Injunction can spell out many different requirements for your abuser. A judge will decide which requirements fit your situation best. The Injunction may

1. Force your abuser to leave your home
2. Forbid your abuser from entering your home, school or workplace
3. Forbid your abuser from harassing or directly contacting you
4. Grant you temporary custody of your children
5. Order your abuser to undergo counseling

If you need advice about divorcing an abusive spouse, contact Boca Raton domestic violence attorneys Klein & Associates at (561) 353-2800.