If you are in immediate danger or need support, please contact the National Domestic Violence Hotline at 800-799-SAFE (7233) or visit TheHotline.org. Help is available 24/7. You are not alone.
Divorce is never easy, and when domestic violence is involved, the legal and emotional situation becomes even more complicated. In Florida, legal protections are available regardless of whether you were married to your abuser. Factors such as domestic violence can influence decisions related to child custody, spousal support, and property division.
The Florida Women’s Law Group is the only divorce and family law firm in Northeast Florida for women, by women. Our all-female team provides compassionate, trauma-informed representation for survivors who are navigating the challenges of both domestic violence and divorce, often at the same time.
What Qualifies as Domestic Violence Under Florida Law?
Under Florida Statute § 741.28, domestic violence includes:
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual assault or battery
- Stalking or aggravated stalking
- Kidnapping, false imprisonment, or
- Any other criminal offense resulting in physical injury or death to a family or household member
While emotional abuse, financial control, and harassment often accompany domestic violence, they are not independently legal grounds for a protective order. However, they may be relevant when documenting a broader pattern of abuse.
Filing for Protection: What You Need to Know About Injunctions
You have the right to petition for a Domestic Violence Injunction (commonly known as a restraining order), whether or not you are married to the abuser.
Here’s a look at how the process works:
- You file a petition at your local courthouse (you must reside in the county, even for just one day)
- A judge may issue a Temporary Injunction the same day, if there is evidence of imminent danger
- A final hearing is always scheduled—regardless of whether the temporary injunction is granted—to determine if a Final Injunction is warranted
Temporary injunctions carry a high burden of proof because they are issued ex parte (without the respondent present) and impact the respondent’s constitutional rights.
A Final Injunction can:
- Prevent contact with you or your children
- Award temporary custody or time-sharing restrictions
- Grant exclusive use of the marital home
- Remain in effect for a set period or indefinitely
How Domestic Violence Impacts Divorce in Florida
Time-Sharing and Parenting Plans
Florida courts focus on the best interests of the child. According to § 61.13, Florida Statutes, the court must consider:
- Evidence of domestic violence, even without a conviction
- Whether either parent believes they or the children are in imminent danger
The court can restrict time-sharing, mandate supervised visitation, or grant full parental responsibility to the non-abusive parent.
Property and Financial Division
Florida is an equitable distribution state, but domestic violence can affect how marital assets and debts are divided under § 61.075. A judge may consider:
- Intentional dissipation of assets (e.g., draining accounts)
- Financial control or coercion
- Economic sabotage
Your attorney can present evidence—such as bank statements, emails, or testimony—to argue for a more favorable distribution in your case.
Spousal Support (Alimony)
Under § 61.08, the court may award various types of alimony. If abuse has:
- Interrupted your ability to work
- Left you financially dependent
- Limited your access to funds
...you may qualify for temporary or long-term support.
Can I File for Divorce and for a Domestic Violence Injunction at the Same Time?
Yes—and it’s often strategic to do so. Our attorneys are experienced in coordinating domestic violence and divorce (DV + DOM) filings to streamline the process and provide immediate protection while preparing longer-term legal solutions.
In many cases, we help clients:
- Draft and file the Petition for Dissolution of Marriage alongside an Injunction for Protection
- Prepare child-related documents like the Parenting Plan and UCCJEA affidavit
- Create a complete packet with settlement proposals and court-required disclosures
- Decide how to deliver paperwork to the opposing party safely and efficiently
- Move forward with a final hearing or shift strategy if the case becomes contested
What to Do If You’re in an Abusive Relationship and Considering Divorce
Here are some steps you can take right now:
- Prioritize Safety: If you’re in immediate danger, call 911. Leave the home if possible, or file for an injunction to legally remove your abuser.
- Document Everything: Save emails, text messages, photos, police reports, medical records, and any financial documents.
- Talk to a Family Law Attorney: An attorney experienced in DV and divorce can guide your next steps safely and strategically.
- Secure Your Finances: Open a new bank account, gather critical documents, and consult a financial advisor if needed.
- Our Approach: Legal Protection That Prioritizes You
Florida Women’s Law Group brings fierce, results-driven representation to every divorce and domestic violence case we handle. Our attorneys are experienced in:
- Filing for domestic violence injunctions
- Handling Parenting Plans in cases involving abuse
- Coordinating DOM and DV filings simultaneously
- Pursuing protective financial outcomes
- Providing trauma-informed, confidential legal care
Your Safety Is Worth Protecting
No woman should ever have to choose between her freedom and her safety. If you’re navigating domestic violence and divorce, Florida Women’s Law Group is here to guide you through with trauma-informed support tailored to the unique challenges women face in abusive relationships.
We’re recognized leaders in women’s divorce and custody law across Florida and well-versed in equitable distribution, high-conflict parenting disputes, and protective financial strategies.
You’ve already shown courage by seeking out this information. Let us help you take the next step. Contact us today to book your confidential case evaluation.
