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Can I file a order of protection against my husband if he lives out of state?

New Port Richey, FL |

He has repeatedly thretend me via email and phone calls. He left me when my daughter was 8 month old since than i have financially covered all expenses relating my daughter and visitations. He is starting to terrorize me to the point I feel emotionally and mentally affected. I want to divorce him but he has threaten to take my daughter from me. He told me I better watch my back because something horriable can happen. Im not sure what my options are i went to the police station and all they said was they couldnt do nothing because its a divorce dispute and he lives in a diff state. He's ruining my reputation

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Attorney answers 2

Posted

Yes you can file for a restraining order and a divorce in FL

Posted

Yes. You need only go to the courthouse in your county and file a petition for a Domestic Violence injunction (DVI). The judge will review your petition and determine if sufficient evidence exists to grant a temporary injunction, and if so, he will issue a temporary DVI. You must then attend a DVI hearing in which you (the petitioner) and your husband (the respondent) each present testimony on your behalves. The judge will then decide whether to grant a permanent injunction. "Permanent" does not mean necessarily mean "forever," but in some cases, it can.

Many of my clients walk into court with unrealistic expectations: The court is only concerned with violence and the threat of violence, not dividing up property or determining long-term custody rights. Such matters are left to divorce court. As one of my favorite judges has said, "We do emergency surgery here, not reconstructive surgery." Think stitches, not heart transplants.

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