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The Consequences of a Domestic Violence Injunction in a Divorce Case in the Orlando, Florida

What are the consequences of a domestic violence injunction on a divorce case in the Orlando, Florida area? That depends. If it is against one party and on behalf of the children, it could affect your rights to see your children. If the injunction court has limited your time sharing to supervised time sharing or no time sharing, then the divorce court may follow what the injunction court has put into place. This creates hurdles for you, where you will need to modify the injunction or show the divorce court you have taken steps to remedy the problem, such as a batterer’s intervention course or that you obtained therapy before you can see the children. 

Supervised visitation can be held at the visitation center, or the court may allow visitation supervised by a relative or friend. 

If the injunction is only against you as to your spouse, then if the domestic violence was not in the presence of the children, you should be able to see the children. The court will probably put safeguards in place, so you have no contact with your spouse during the transportation and exchange of the children. The court may require a relative or friend to transport your children to and from the exchange of the children with your spouse. 

If you have no children, an injunction for protection against domestic violence can still affect your divorce case if the injunction judge allows the spouse to remain in the marital residence and you are not allowed to go to or near the marital residence because of the injunction. Usually when a temporary injunction is served on you, you are ordered to vacate the house. You usually can go back one time accompanied by the police to obtain your personal belongings. The temporary injunction that is served on you pending a final injunction hearing spells what you can and cannot do. If you violate the injunction, you can be charged criminally with an offense. That is why it is important to follow the injunction and hire an attorney to represent you at the injunction hearing to present your side of the case and protect your rights. 

In the Orlando, Florida area, there are supposed to be unified family courts. Further, when filing a new case, the clerk has a form to list all other cases involving the same parties. Therefore, the divorce judge will be aware of the injunction against domestic violence case. Further, your spouse’s counsel will bring that to the court’s attention. That way, the judges hearing your divorce case know everything that has gone on with the parties involved in the case.   

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.