What Is Domestic Violence?
In Florida, domestic violence includes more than just physical harm. It can involve emotional abuse, stalking, harassment, sexual violence, or threats. The law defines it as any assault or battery between people in a household or family relationship.
This means it can occur between:
- Spouses or ex-spouses
- Parents of a child
- People who live together or used to live together
- Relatives by blood or marriage
No matter the relationship, abuse is never okay. You deserve to feel safe.
Seek Immediate Safety
If you are in danger, call 911 right away. Police can help you leave the situation and connect you with emergency resources.
Florida also allows you to ask the court for a domestic violence injunction, also known as a restraining order. This order can require the abuser to:
- Stay away from your home and workplace
- Avoid contact with you and your children
- Leave the family home
- Surrender firearms
A judge can issue a temporary injunction quickly, often the same day you request it. Later, the court will schedule a hearing to decide whether to put a long-term order in place.
How Domestic Violence Affects Family Law
If you’re dealing with domestic violence during a divorce or custody case, the court will take it seriously. Florida law prioritizes the safety of children and victims in family law matters.
Domestic violence can influence:
- Child custody (time-sharing) – Judges may limit or deny visitation to an abusive parent. In some cases, the court may order supervised visitation.
- Parental responsibility – Courts may grant one parent full decision-making authority if the other poses a risk.
- Alimony or property division – Abuse can affect how marital property is divided or whether alimony is awarded.
You don’t need to prove a criminal case for the court to take action. Even if your abuser hasn’t been arrested or charged, the family court can still issue protections.
Document Everything
If you’re preparing to file for an injunction or are in a custody dispute, keep records. These can include:
- Photos of injuries or property damage
- Texts, emails, or voicemails
- Police or hospital reports
- Witness statements
The more details you can provide, the stronger your case will be. Your safety and your child’s well-being are the priority.
Protecting Your Children
It’s common for children to be deeply affected by domestic violence, even if they are not directly harmed. Florida courts know this. Judges will consider your children’s emotional and physical safety in every decision.
If you feel your child is unsafe with the other parent, tell the court right away. Depending on the situation, you can request supervised visits or even temporary sole custody.
You Don’t Have to Do This Alone
Dealing with domestic violence while also managing a divorce or custody case is incredibly hard. The legal process can feel confusing and intimidating, especially when emotions are high and your safety is at risk.
An experienced family law attorney can guide you through each step. They can help you file the proper paperwork, gather evidence, and speak on your behalf in court.
At the Law Offices of Robert M. Geller, we understand how sensitive these situations are. We’re here to listen, support, and stand beside you throughout the process. If you need help navigating a family law case involving domestic violence, reach out to schedule a private consultation. Your safety matters—and so does your future.
