Restraining and Protective Orders in Pensacola Florida

Pensacola FL Divorce Lawyers – Family Law Attorneys

Most divorce proceedings in the state of Florida are amicable, and this is largely due to the fact that couples who have made the decision to dissolve their marriages have generally taken some time to live apart, cool down, and make sure that the union cannot be repaired. This is a very good thing because hard feelings are not good for anyone, but when a couple who is splitting up have children, it can be traumatic for them to experience ongoing ill will between their parents even after they have made the decision to divorce.

Though most people can act civilly toward one another when they are going through a dissolution of marriage proceeding and many part as friends, a small percentage of divorce cases can take a violent turn. There are instances when the root cause of the divorce filing was an abusive situation, and in others the news that a divorce action in underway can result in a violent or threatening reaction from the respondent. The first thing that should be emphasized is that your first point of contact if you feel that you are at risk is the police. But you also have legal recourse in the form of what is called a restraining or protective order in most states but in Florida is termed an injunction.

Protective orders basically make it a crime for a threatening or abusive individual to make contact with the object of his or her wrath. In Florida you can request that an injunction for protection from violence be issued through the circuit court in the county you are either living in or staying in temporarily. The accused has a right to be heard before a permanent ruling can be made, but at the court’s discretion a temporary injunction for protection can be issued “ex parte,” which means without the alleged abuser being present. A full hearing must be scheduled within 15 days of the issuance of this temporary injunction, and a final decision will be rendered at that hearing after all of the admissible evidence has been presented.

To discuss restraining and protective orders with a legal expert, contact a Pensacola FL family attorney to arrange for a free, confidential consultation.