What will happen if i lift a domestic violence restraining order before expired date? Will DCF get involved?

I put a domestic violence retraining order on the father of my children. We have not yet gone to court to see how long it will be issued. Am i able to request from the court that he gets a mental evaluation and rehab before allowed to see the kids, and only supervised? Also what if i wanted to lift the restraining order before the expired date. I have heard of DCF coming to take children away if done so. Is this true?

Miami, FL -

Attorney Answers (3)

Ergio I. Fernandez

Ergio I. Fernandez

Family Law Attorney - Doral, FL
Answered

You can request the court to order him to parenting class, mental eval., A.A., N.A. or that the visits be supervised as a condition to him seeing the children, but you need to be ready to prove that he requires any of these things. If you have witnesses that have seen him act erratic or being drunk around the children, abusive toward the children, etc., then you should bring these witnesses to court for the final injunction hearing.

On the other hand, why would you need to dismiss the restraining order before it expires if you are concerned about his behavior toward you and/or the children? You should let the judge issue the order and let it expire on its own. If you move to dismiss it, then you are saying that you are no longer afraid of his behavior toward you and/or the children. So, if you are going to dismiss it you better be sure he has cleaned up his act.

With regards to DCF, they will not take your children away because you dismiss a restraining order. Unless, of course, you are dismissing it because you are getting back together and by doing so you are allowing a dangerous person to be around your children and he does end up putting the children at risk.

Hope this helps.

The opinion expressed by the attorney is for informational purposes only and not for the purpose of providing... more
Carin Manders Constantine

Carin Manders Constantine

Domestic Violence Lawyer - Palm Harbor, FL
Answered

The answer to this question depends entirely on the facts of your case. How severe was the Domestic Violence? Were the children present at at the time? Did they see anything? Was he told to have no contact with the children?

DCF will only get involved in a case where the Mother fails to protect her children from an abuser, or a cause can be shown for abuse, neglect or abandonment.

If you really want hm to get the help he needs, you may want the Court to stay involved.

I would really need more information in order to fully answer this.

Good luck.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq.... more
Richard James Mockler III

Richard James Mockler III

Family Law Attorney - Tampa, FL
Answered

To provide a fair answer to this question, we would really need a lot more background on the violence and his mental state.

There are plenty of domestic violence injunctions issued where the enjoined party really didn't present any risk to the children. The mother was just angry and embellished some facts to get her way. In a case like that, I would encourage my client to dismiss the injunction.

In a case of serious violence, I would act with much greater caution.

And, regardless, DCF will not get involved solely for dismissing the injunction.

Richard J. Mockler
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