In the context of divorce proceedings, restraining orders serve several purposes,
each designed to safeguard family members from harm, harassment, or intimidation. Restraining orders establish legal boundaries and protocols to ensure the safety and well-being of endangered spouses and children. At Orlando Family Team, our attorneys have extensive experience assisting families with threats of domestic violence before, during, and after divorce.
Possible Restrictions Mandated by Restraining Orders
There are a number of different restrictions a restraining order can require between divorcing or divorced spouses:
Contact Restrictions forbid all forms of communication, including letters, texts, emails, and phone calls as well as in-person conversations or messages conveyed by a third party.
Stay-away orders require that the offending spouse maintain a specified distance from their victim(s) to minimize the risk of confrontations or unwanted encounters.
Property restraints temporarily limit access to shared assets, properties, or financial accounts to prevent unauthorized transactions or asset depletion during divorce proceedings.
Child custody restrictions modify existing child custody arrangements to ensure the safety of the children involved which may include supervised visitation or temporary suspension of parental rights in cases of documented abuse or neglect.
Firearm surrender requires the surrender, temporary removal, or restriction of access to firearms or other weapons to mitigate the risk of potential violence.
Consequences of Violations of a Restraining Order
Violating a restraining order constitutes a serious offense with significant legal consequences that may include:
- Criminal charges, ranging from misdemeanors to felonies
- Penalties and fines
- Extended restraining orders, imposing stricter conditions or prolonged duration
- Loss of custody or visitation rights
- Adverse impact on divorce proceedings
When Accusations of Domestic Violence Are False
False accusations of domestic violence can have devastating repercussions, tarnishing reputations, straining relationships, and complicating legal proceedings. At Orlando Family Team, we approach such allegations with diligence to ensure that you are being treated fairly, whether you are being falsely accused of threats or violence or are dealing with a dangerous ex who is trying to avoid justice.
How Accusations of Domestic Violence Are Verified
Verification of domestic violence accusations typically involves a thorough and systematic evaluation on the part of our skilled legal team. You can count on us to help you get the restraining order you need by:
Gathering evidence, such as photos of physical damage or injuries, medical records, witness statements from neighbors, relatives, friends, teachers, etc., records of calls to the police by the victim and electronic communications from the offender that substantiate the allegations.
Assessing credibility by considering factors such as past behavior, motive, consistency in recorded statements, and corroborating evidence.
Consulting with experts, such as doctors, social workers, and psychologists, to obtain persuasive opinions on what has and has not taken place among the members of your family.
Historical review to uncover past incidents or patterns of abusive behavior can provide valuable insights into the credibility and validity of the accusations, or, conversely, any history of false accusations.
How Your Divorce Can Be Affected by Restraining Orders
Restraining orders typically add tension and complexity to the already challenging task of divorce negotiations. These documents are likely to be a factor that influences one or all of the following divorce matters:
Child Custody
Restraining orders may significantly impact child custody arrangements, prioritizing as they do the safety and security of the children involved. Courts may modify custody orders or impose supervised visitation to ensure the children’s safety in cases involving documented abuse, violence, or uncontrolled behavior or neglect due to addiction or severe mental illness.
Alimony
Violations of restraining orders can have implications for alimony decisions, particularly if the violation is indicative of a disregard for court orders or poses a serious threat to the dependent spouse.
Division of Property
Restraining orders may influence the division of marital assets and properties, particularly as they apply to freezing assets to prevent depletion of shared resources during the divorce process.
When Obtaining a Restraining Order Is Urgent
Emergency restraining orders are essential in situations in which immediate intervention is necessary to protect family members from imminent physical harm or ongoing harassment or intimidation. Our experienced family lawyers are always ready to accelerate legal measures when there is an emergency. Common scenarios that warrant emergency orders include:
- Threats of physical violence or injury to oneself or others.
- Persistent stalking or harassment that poses a credible risk to the safety or welfare of the spouse.
- Child endangerment in which children are at potential risk of abuse, neglect, or abduction by a parent.
Prompt action is crucial when seeking emergency restraining orders to ensure swift intervention and mitigate the risk of harm or escalation of conflicts. Our attorneys are well-prepared to take immediate legal action when warranted.
What Orlando Family Team Can Do for You
At Orlando Family Team, we specialize in providing comprehensive legal assistance and representation in matters pertaining to divorce and restraining orders. Our dedicated team of family law attorneys offers:
- Knowledgeable guidance throughout the divorce process to ensure that you understand your rights, obligations, and legal options.
- Excellent legal representation both during negotiations with opposing attorneys and in court proceedings.
- Strong advocacy of your best interests and the best interests of your children at all times.
- Compassionate support through the emotional challenges associated with divorce and domestic violence.
Contact Our Experienced Divorce Attorneys Today
No one should have to live in fear, especially while simultaneously navigating a contentious divorce. If you are suffering the acute anxiety that stems from either threats to yourself or your children or threats to your financial stability, reputation, or access to your children, it is time to reach out to Orlando Family Team. We have the determination and know-how to protect you with or from a restraining order. Contact us now to receive the strong moral and legal support you deserve.
