Tragically, Divorce, and Domestic Violence often come together.   Sometimes Divorce leads to violence, sometimes, violence leads to divorce, either way, it is a horrible combination.   If you or your family are victims of sexual assault, repeated violent attacks, or domestic violence, it’s time to seek a restraining order from the civil courts.

It is not a requirement, but it is helpful when navigating the process, to have a divorce attorney help you with this process.  You may represent yourself “Pro Se”, that is, without an attorney, when seeking an injunction in civil court (a restraining order).

Domestic Violence is defined in the Florida Statutes, Title XLII, Chapter 741.28(2) as

…any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member…

In Florida, you are not able to request that the other party, the “assaulter” to pay for any of the fees related to getting a restraining order.  Unfortunately, for a restraining order, it’s all on you.

There are legal aid organizations that can help.  If funds are not available to have an attorney help you, try FloridaLawHelp.org – the link provided goes specifically to the page where you can get family law help, of all kinds, including domestic violence.

You can also check with the Florida Bar’s Legal Aid in Florida.

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