Protective Orders and Injunctions in Divorce

Divorce is inherently stressful, and in some cases, the process can escalate into threats, harassment, or domestic violence. To safeguard the parties involved, Florida law allows courts to issue protective orders and injunctions during divorce proceedings. These legal tools are designed to maintain safety, prevent abuse, and preserve the integrity of the legal process. At Adams, Luka & Benton P.A., we guide clients through the complexities of protective orders, ensuring their safety, rights, and interests are fully protected throughout divorce proceedings.

Protective orders, also referred to as injunctions, are legal orders issued by a court to prevent one party from harming or threatening another. In the context of divorce, these orders can address a wide range of concerns, including harassment, physical abuse, stalking, and interference with parenting or property rights.

These orders are legally binding and carry significant consequences for violations. Courts treat breaches of protective orders very seriously, often imposing penalties that resemble sentencing enhancements in criminal law. A party who knowingly violates an injunction may face fines, arrest, or jail time. In divorce cases, the enforcement of these orders ensures that the process remains fair and safe, preventing one spouse from using threats or intimidation to gain an advantage.

Protective orders can be temporary or permanent. Temporary injunctions are typically issued at the beginning of a divorce or in response to an immediate threat, lasting until the court holds a full hearing. Permanent injunctions may remain in place until the divorce is finalized or even beyond, depending on the circumstances and the ongoing risk of harm.

Florida law provides several types of protective orders that may be relevant in divorce cases. These include injunctions against domestic violence, repeat violence, dating violence, and sexual violence. In divorce proceedings, the most common types are injunctions against domestic violence and injunctions for the protection of vulnerable parties, including children.

Domestic violence injunctions prohibit the offending party from committing acts of violence, making threats, or engaging in harassing behavior. They may also include provisions that prevent contact with the victim, restrict access to the family home, and limit communication through phone, email, or social media. These injunctions are designed not only to prevent immediate harm but also to create a safer environment for the ongoing divorce process.

Injunctions can also address financial and property concerns. For example, the court may issue orders preventing one spouse from selling, transferring, or concealing marital property. Such measures ensure that the other spouse is not disadvantaged financially and that equitable distribution can be carried out fairly. When one party violates these provisions, the court may impose enhanced penalties, similar to sentencing enhancements, reflecting the seriousness of interfering with financial rights.

Protective orders are appropriate whenever there is a credible threat of harm or harassment. In divorce cases, this may involve physical abuse, verbal threats, stalking, or intimidation. Even in the absence of violence, courts may issue injunctions to prevent one spouse from interfering with the other's access to children, property, or finances.

Children are often a central consideration in divorce-related injunctions. Courts prioritize the safety and well-being of minors, and protective orders may establish guidelines for parenting time, visitation, and communication. In cases where one parent has exhibited abusive or threatening behavior, the court may restrict or supervise visitation to ensure the child's safety.

In addition to immediate safety concerns, injunctions can be preventive. They may prohibit one party from disposing of assets, contacting witnesses, or otherwise undermining the divorce process. These measures are designed to maintain order and prevent manipulative or coercive behavior that could unfairly influence the outcome of the case.

To obtain a protective order during a divorce, the requesting party must file a petition with the court. The petition outlines the reasons for seeking protection and provides evidence of the alleged threats, abuse, or harassment. Supporting documentation can include police reports, medical records, photographs, text messages, emails, or witness statements.

Once the petition is filed, the court may issue a temporary injunction, often the same day or within a few days, to provide immediate protection. A hearing is then scheduled to allow both parties to present their case. At this hearing, the court evaluates the evidence, considers the credibility of witnesses, and determines whether a longer-term protective order is warranted.

Protective orders carry the weight of law, and violations are treated seriously. A party who breaches an injunction may face arrest, fines, or imprisonment. Courts may also impose additional sanctions, such as enhanced penalties or restrictions on parenting time, reflecting the deliberate nature of the misconduct. These measures serve as both a punishment and a deterrent, signaling that violations will not be tolerated.

Enforcement mechanisms include police intervention, contempt proceedings, and modification of divorce-related orders. For example, if a parent violates a protective order by attempting unsupervised visitation despite a restriction, the court may modify custody arrangements to safeguard the child and penalize the offending parent. In financial matters, violation of orders restricting property transfers can result in the reversal of transactions, additional financial compensation, or other remedies designed to restore fairness.

Divorce often involves complex questions about parenting time, and protective orders can play a key role in shaping these arrangements. Courts may limit or supervise visitation when there is evidence that a parent poses a risk to the child. In cases involving domestic violence, the court carefully balances the right of each parent to maintain a relationship with their children against the child's safety and emotional well-being.

Supervised visitation may be ordered in neutral locations with a third party present, or through professional visitation centers. Courts may also require background checks, mandatory counseling, or other measures to ensure that visits occur safely. In some cases, temporary restrictions may remain in place until the court can fully assess the circumstances or until the offending parent demonstrates that they can comply with safety requirements.

Protective orders are not limited to personal safety; they can also address financial and property concerns during divorce. Courts may issue injunctions that prevent one spouse from withdrawing funds from joint accounts, selling the marital home, or transferring valuable property without consent. These orders protect the integrity of the divorce process and prevent one party from gaining an unfair advantage through coercion or concealment of assets.

Violations of financial injunctions are treated seriously. The court may impose enhanced penalties, award attorney fees to the harmed party, and reverse improper transactions. In some instances, intentional financial misconduct may be considered fraud, carrying consequences that parallel sentencing enhancements, emphasizing the deliberate nature of the act and the need for corrective action.

Protective order cases require careful legal strategy. At Adams, Luka & Benton, we guide clients through every stage of the process, from filing petitions to presenting evidence and advocating in court. We emphasize thorough preparation, including gathering documentation, interviewing witnesses, and consulting with experts when necessary.

Our attorneys also help clients navigate the interplay between protective orders and other divorce-related matters. For example, injunctions may impact custody disputes, visitation schedules, and property division. We ensure that protective orders are consistent with broader legal goals while providing the safety and security necessary for clients and their families.

While protective orders are vital for genuine safety concerns, some parties may attempt to misuse them to gain leverage in divorce proceedings. False or exaggerated claims can complicate cases and unfairly restrict the rights of the accused. Florida courts carefully evaluate evidence to prevent abuse of the protective order process.

Our attorneys assist clients facing false allegations by gathering evidence, presenting witness testimony, and challenging claims in court. The goal is to ensure fairness while respecting the seriousness of genuine protective order requests. Courts are vigilant in distinguishing between legitimate safety concerns and attempts to manipulate the divorce process, applying enhanced scrutiny when there is evidence of intentional misuse.

In some cases, violations of protective orders can intersect with criminal law. A willful breach of an injunction may result in criminal charges, including fines and incarceration. Courts treat repeat violations, threats, or acts of violence with heightened severity, applying measures similar to sentencing enhancements. This underscores the importance of compliance and the potential consequences of disregarding a protective order.

For clients, understanding the legal weight of these orders is critical. Violations can impact not only criminal liability but also ongoing divorce proceedings, custody arrangements, and property rights. Skilled legal counsel ensures that clients comply with orders while protecting their interests and challenging any unjust restrictions.

Protective orders are not necessarily permanent. Parties may request modifications or termination if circumstances change. For example, if a restraining party demonstrates that safety concerns no longer exist or that both parties can communicate without risk, the court may adjust the order.

Similarly, if new evidence emerges indicating ongoing threats or abuse, protective orders may be extended or expanded. Courts maintain flexibility to respond to evolving circumstances, ensuring that protective measures remain appropriate and effective. Legal guidance is crucial in these situations to present compelling arguments and evidence for modification or continuation of protection.

Divorce can be a turbulent time, and protective orders serve as an essential tool to safeguard clients and their families. Whether the concern involves physical safety, harassment, stalking, or financial misconduct, injunctions provide a legal framework for protection. At Adams, Luka & Benton, we guide clients through every stage, helping them understand their rights, file petitions, and navigate hearings with confidence.

Our attorneys also work to minimize stress and disruption, focusing on practical solutions that maintain safety while allowing divorce proceedings to progress fairly. We take the time to explain legal options, develop tailored strategies, and provide strong advocacy in court when necessary.

If you are facing threats, harassment, or other safety concerns during a divorce, the attorneys at Adams, Luka & Benton are here to help. Protective orders and injunctions are powerful legal tools that can safeguard you, your children, and your property, but navigating the process requires skill and experience.

Contact our office today to schedule a consultation. We will review your situation, guide you through filing and enforcement, and ensure that your rights and safety are fully protected throughout the divorce process. With experienced legal counsel, you can proceed with confidence, knowing that your well-being and interests are our top priority.