Domestic Violence and Divorce

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What You Need to Know!

Why It Matters

Domestic violence (DV) can affect your divorce in two major ways:

  1. Civilly – through a Domestic Violence Injunction (DVI) or Temporary Restraining Order (TRO)
  2. Criminally – if the State files charges

Civil Cases: Injunctions (DVIs/TROs)

If someone claims domestic violence, they can ask the court for an injunction (a court order to stay away). If granted, it can:

Affect child custody and time-sharing

Impact alimony decisions

Make it illegal to own a gun

Harm your chances of getting certain jobs

Injunctions can start as temporary but may become permanent—which is why you need to take them seriously and defend against false claims.

Criminal Cases: Prosecution by the State

Domestic violence can also lead to criminal charges, brought by the State Attorney’s Office. This could mean:

A criminal trial

Fines or jail time

A permanent criminal record

This record can follow you for life, affecting employment, housing, and more.

Truth vs. False Claims

Real cases of DV should always be reported and handled properly. But unfortunately, false accusations can happen—especially in divorce or custody disputes.

If you’re wrongly accused, you need a strong legal defense to avoid a permanent injunction or criminal conviction.

If You’re the Victim

If you are a victim of domestic violence, you can ask the court for protection. A lawyer can help you:

  • Fill out your petition properly
  • Prepare for court
  • Represent you at the hearing

Having legal help gives your case the best chance of success.

Who Can File?

Under Florida law, “domestic violence” includes things like assault, battery, stalking, sexual violence, kidnapping, and more—if it’s between:

  • Spouses or ex-spouses
  • People related by blood or marriage
  • People who live (or used to live) together like a family
  • Parents who share a child (even if they never lived together)

If you’re in danger—or believe you might be—you can file for an injunction in court.

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Frequently Asked Questions

Confused about divorce? We have the answers you need.

Can You Get Divorced In Florida?

Every now and then we’ll have someone call us asking about handling their Florida divorce.  When we ask where they live, they’ll tell us Georgia or someplace other than Florida.  Okay, we think, what about the spouse?  Is she currently living in Florida?  Negative.  She’s in Ohio. 

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What happens if someone disobeys a court order or judgment?

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