Getting A Restraining Order When Going Through A Divorce

Domestic violence is an unfortunately common problem, impacting both men and women. Even if your partner has not previously acted violent, threatening, or aggressive towards you, there is the chance that this kind of behavior could arise once you become separated or begin the process of filing for divorce. If you have received threats or are concerned that you could be in potential danger, it is important to know that help is available.

Obtaining A Restraining Order

A restraining order is a legal injunction issued through the court that prohibits another party from making threats or taking actions that jeopardize your health and well-being. Under Section 741.30 of the Florida Statutes, in cases involving potential domestic violence between spouses, children, or other household members, actions that justify a restraining order include:

Threatening, harassing, or stalking the victim;
Threatening to kidnap, harass, or harm the victim’s family or children;
Intentionally injuring or killing a family pet;
Using or threatening to use weapons, such as guns or knives, against the victim;
Destroying personal property, including phones and other types of communications devices and clothing or other items belonging to the victim.

While restraining orders are issued on a temporary basis, they do offer protection until a formal hearing in the matter can be held.

Additional Actions To Protect Yourself

Once the restraining order is in place, the party named could be arrested if they violate the order by appearing at your home or work or making threats against you or your children. Unfortunately, this is not always enough to stop some offenders. To remain safe, the Broward County Sheriff’s Office offers the following advice on additional ways you can protect yourself:

Change the locks on your doors and reinforce windows and sliding glass by placing a piece of wood on the track;
Consider installing motion sensor lights outside your home, or opting for a security system;
Have an emergency escape route planned from all areas of your home, and be sure to include children, other household members and pets;
Keep a phone nearby at all times, and teach your children how to dial 911 and request help;
Alter your routine and the route you usually travel to and from work, and park in well-lit areas;
Notify others you trust, such as coworkers, family friends, and neighbors, of the situation, and let them know a restraining order is in place.

Get in contact with your local domestic shelter, and if you suspect you are in danger, notify law enforcement immediately.

Reach Out to Our Office for Assistance

If you are going through a difficult separation or facing threats of violence and intimidation as the result of a pending divorce, contact the Vanessa L. Prieto Law Offices, LLC right away. Our experienced Florida divorce attorney acts as a strong, trusted legal advocate on your behalf, and can advise you on the steps you need to take to help ensure you and your children are safe.

Resource:

sheriff.org/safety/issued.cfm