How Domestic Violence Impacts Divorce and Custody in Florida

Domestic violence is a tragic reality for many families and can significantly affect divorce and child custody proceedings in Florida. In cases where domestic violence is a factor, the safety and well-being of the victim and children are paramount, and the courts take these concerns seriously. This article will explore how domestic violence impacts divorce and custody decisions in Florida, including the legal protections available to victims and how courts evaluate custody when domestic abuse is involved.

1. Understanding Domestic Violence in the Context of Divorce

In Florida, domestic violence is defined as any assault, battery, stalking, or other criminal act resulting in physical harm or that causes a reasonable fear of harm to a family or household member. Understanding this definition and its implications in the divorce process is crucial. When domestic violence is present in a marriage, it can play a significant role in the divorce process, affecting decisions about property division, alimony, and, most importantly, child custody and timesharing.

The victim of domestic violence can file for divorce on the grounds of the abuse, which will influence the proceedings. However, it’s important to note that Florida is a no-fault divorce state, meaning you don’t have to prove wrongdoing to obtain a divorce. Even so, domestic violence allegations and evidence are considered when deciding on custody and support arrangements.

2. Legal Protections for Victims of Domestic Violence

Victims of domestic violence in Florida have several legal protections available to them, which can help ensure safety throughout the divorce process:

A. Obtaining a Restraining Order

In Florida, a restraining order (also called an injunction for protection) is available for victims of domestic violence. This court order can prohibit the abuser from coming near the victim, contacting them, or engaging in specific behaviors. There are four main types of restraining orders in Florida:

• Domestic Violence Injunction: For victims of domestic violence or those in imminent danger of violence from a household member.
• Repeat Violence Injunction: For victims of two or more incidents of violence or stalking.
• Dating Violence Injunction: For individuals in a romantic or intimate relationship who have been abused or are in imminent danger.
• Stalking Injunction: For victims of stalking or cyberstalking.

These injunctions provide immediate protection, and violating them can lead to criminal penalties for the abuser.

B. Temporary Custody Orders

If domestic violence is a factor in your divorce, you can request a temporary custody order for your children. This order can grant sole custody to the victim and limit or restrict the abusive parent’s contact with the children until a full custody hearing takes place.

C. Exclusive Use of the Family Home

Victims of domestic violence may also request exclusive use of the family home in their restraining order. This means the abusive spouse must leave the home, allowing the victim and children to stay. This is intended to help minimize disruption for children and provide a safe, stable environment during the divorce proceedings.

3. How Domestic Violence Impacts Child Custody in Florida

When deciding child custody in cases involving domestic violence, Florida courts prioritize the safety and well-being of the child. Courts typically aim for shared parental responsibility in custody arrangements, but if domestic violence is present, they may modify this approach to protect the child.

A. Sole Custody and Restricted Visitation

If the court finds that one parent has committed acts of domestic violence, it may award sole custody to the other parent. In some cases, the abusive parent may be given restricted visitation rights, such as supervised visitation, to protect the child. Supervised visitation requires a neutral third party to monitor the abusive parent’s time with the child to ensure the child’s safety.

B. The Best Interest of the Child

Florida courts base custody decisions on the best interest of the child. Domestic violence is a significant factor in this assessment, as the court considers how the abuse may impact the child’s emotional and physical well-being. Other factors include:

• The child’s relationship with each parent.
• The ability of each parent to provide a stable, nurturing environment.
• The moral fitness of each parent.
• The likelihood that each parent will encourage a positive relationship with the other parent (unless the other parent poses a threat).

C. Impact of Domestic Violence on Timesharing

In high-conflict cases involving domestic violence, the court may limit or deny timesharing with the abusive parent. Florida law allows the court to make decisions that prioritize the child’s safety, which could mean restricted or eliminated contact with the abusive parent.

4. How Domestic Violence Affects Property Division and Alimony

While Florida follows equitable distribution for dividing marital property, meaning that assets are divided fairly rather than equally, domestic violence can influence these decisions. Here’s how domestic violence may affect property division and alimony:

A. Property Division

Suppose domestic violence has resulted in significant financial abuse, such as one spouse controlling all finances or using marital assets to harm the other spouse. In that case, the court may award the victim a larger share of assets. However, the court typically bases property division on factors like each spouse’s contribution to the marriage and the economic circumstances of each spouse rather than on fault alone.

B. Alimony

Domestic violence can also influence alimony decisions, especially if the abuse has impacted the victim’s ability to work or sustain financial independence. If the victim has been financially dependent on the abuser, the court may award alimony to help the victim achieve financial stability. Additionally, if the abusive spouse has disrupted the victim’s career or ability to earn, the court may consider this when deciding the alimony amount and duration.

Final Thoughts

Domestic violence brings additional complexity and emotional strain to the divorce and custody process. Florida courts take domestic violence seriously, and legal protections exist to support victims and ensure the safety of children. Understanding your rights and the available protections can empower you to make informed decisions and seek a safer, healthier future for you and your children.

If you’re going through a divorce involving domestic violence, consider reaching out to a skilled family law attorney who can guide you through the process and help you secure the protections you need. With the right support, you can take steps toward a new beginning, free from abuse and focused on building a stable and supportive environment for yourself and your children.https://gisondolaw.com/blog/