Florida Domestic Violence Laws - Dade, Broward & Monroe County Resources

Florida Domestic Violence Laws

Domestic violence includes any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury of death of one family member or household member by another family member or household member.  The petitioner in a domestic violence action must be a victim or in imminent danger of becoming a victim of domestic violence.

Florida Temporary Restraining Orders 

A Temporary Restraining Order (TRO) may be filed to provide immediate relief from domestic violence.  The family court judge will consider ONLY the verified pleading or affidavit of the petitioner in deciding whether to grant a TRO.  If the TRO is granted, the respondent is entitled to notice and a hearing within 15 days of the issuance of the TRO.  A TRO may include relief including an order preventing further abuse, an award of any jointly occupied residence, temporary child custody provisions, and a no contact provision.

Florida Permanent Restraining Orders 

At the hearing on the Petitioner’s pleading or affidavit, the family court judge will take testimony on the alleged acts of domestic violence and decide whether a permanent restraining order should be granted.  If granted, permanent restraining orders generally include provisions regarding occupancy of any jointly owned or rented residence, child custody time-sharing schedules for the children, temporary alimony or child support, and provide for no-contact between the respondent and the petitioner.  The Florida family court judges are aware of the enormous implications upon divorce, child custody, support and other family law issues that can come into play with the entry of a permanent restraining order and are cautious to enter such orders when they believe the evidence truly supports such a finding.  Our Florida domestic violence attorneys work closely with our clients to ensure that we understand the domestic violence allegations and our clients’ positions on the allegations.

If you are the subject of a restraining order, you must act cautiously to avoid further criminal penalties that could include imprisonment or an extension of the restraining order

Domestic Violence Resources in Miami-Dade, Broward and Monroe Counties

Vari & Associates, LLC.

The foregoing legal guide was written to inform and not advise the reader on topics of Florida family laws.  The guide was authored by Attorney Lisa Marie Vari of the Miami, FL family law firm of Vari & Associates, LLC.