How a Domestic Violence Injunction Impacts Child Custody in Tampa
Domestic violence injunctions, more commonly referred to as protective or restraining orders, can significantly restrict or eliminate a parent’s right to custody or visitation in Florida. The family courts in Florida prioritize the safety of children. When one parent is accused of domestic violence, the courts may grant sole custody to the victim, limit the accused to supervised visitation, or impose safe exchange conditions to prevent further violence. Below, our Tampa domestic violence attorney explains how a domestic violence injunction may impact your case.
Temporary Orders
In Florida, after someone files a domestic violence injunction, the court may issue a temporary ex parte order. This can happen within hours of the injunction being filed. A judge will only consider the petitioner’s affidavit when deciding whether to issue an order, and the respondent, or the accused, does not provide input or tell their side of the story. Ex parte orders are typically effective for 15 days, until a full hearing can occur. The order may require the respondent to leave a shared home. Custody of the children often temporarily shifts to the petitioner, immediately disrupting current custody arrangements.
Temporary ex parte orders override existing parenting plans. The respondent may lose custody and visitation rights altogether, or they may be limited to supervised visitation. They may also be prohibited from attending their child’s activities or performing daily child-related tasks, such as picking them up from school. Violating these terms can result in an arrest.
Lastly, when a petitioner is given full custody due to a domestic violence injunction, the respondent may be required to pay more child support. This can increase financial obligations for the respondent.
Domestic Violence Injunctions Could Lead to Sole Custody during the divorce procedure
If a final domestic violence injunction is issued and you have a child with your accuser, it is likely to create significant legal challenges if you are seeking shared custodial rights. Given the severity of the case, the law can presume that shared custody is not in the best interest of the child, and that the child and protected parent may suffer harm. This presumption can result in the courts awarding sole custody to the protected parent. This would remove any authority the respondent has to make important decisions regarding the child’s healthcare, education, and religious upbringing.
Domestic violence injunctions remain in effect until they expire or the court issues an official modification to the order. Injunctions may indicate a specific period of time, but in rare cases, they are in place indefinitely. This makes injunctions a key factor in custody decisions.
Our Domestic Violence Attorney in Florida Can Advise On Your Case
At Florida Law Advisers, P.A., our Florida domestic violence attorney can help you obtain an injunction if you fear for the safety of you and your child. If you have been unfairly accused of domestic violence, it is just as critical that you contact us as soon as possible. These actions are time sensitive, and the sooner you are represented, the sooner we can represent the final hearing and build a strong case in your defense. Domestic violence cases are some of the most emotionally taxing and you should not go through it alone. Call our experienced attorney today at 1 (800) 990-7763 or contact us online to schedule a consultation and to get the sound advice you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
