Understanding Different Types of Restraining Orders in Florida
Types of Restraining Orders in Florida: Domestic Violence Injunctions
The most common restraining order is the injunction for protection against domestic violence. This applies when one party alleges physical harm or threats of imminent harm, such as being slapped, threatened, or otherwise abused. These injunctions typically last about 12 months and are often filed alongside divorce petitions.
Injunctions Against Stalking
There are also injunctions against stalking, which cover repeated harassment or physical stalking. These are less common and harder to prove, especially when disputes arise over parenting time. Courts are wary of stalking claims used to control access to children unjustly.
Injunctive Relief in Florida Divorce Cases: Protecting Assets Beyond Restraining Orders
Divorce courts can also grant temporary injunctive relief to stop harmful actions, such as one spouse liquidating significant retirement accounts without consent. While not technically restraining orders, these emergency orders protect assets and prevent abuse of financial resources during divorce.
The Role of the Divorce Judge
Divorce judges can issue injunctions or temporary orders to prevent harassment or other harmful behaviors between spouses while the case is pending. These are vital tools for protecting clients and stabilizing volatile situations.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.
