How A Domestic Violence Injunction Can Affect Your Fort Lauderdale Divorce Case

If you are going through a divorce in Fort Lauderdale and domestic violence is part of your situation, you may already have an injunction in place, or you may be considering seeking one. Either way, it is important to understand that a domestic violence injunction does not exist in a vacuum. It can have a real and sometimes significant impact on how your divorce case unfolds, touching everything from where you live to how your children’s time is arranged during and after the proceedings.

Florida Statute § 741.30 governs the issuance of injunctions for protection against domestic violence. Under this statute, a family or household member who is a victim of domestic violence, or who has reasonable cause to believe they are in imminent danger of becoming one, may petition the court for an injunction. Once issued, that injunction can carry consequences that ripple directly into your divorce proceedings.

How an Injunction Can Affect Housing, Custody, and Property

When a court enters a domestic violence injunction, it may grant a wide range of relief. This can include requiring the respondent to vacate the shared home and granting the petitioner exclusive use and possession of the marital residence while the case is pending. In a divorce proceeding, control of the marital home is often one of the most contested issues, and an injunction can shift the dynamics of that dispute from the very beginning.

Perhaps even more significantly, Florida Statute § 741.30 authorizes courts to include temporary time-sharing provisions as part of an injunction, granting the petitioning parent up to 100 percent of time-sharing in a temporary parenting plan. That arrangement remains in effect until a family court enters a custody order in the divorce case. Florida law also requires judges to consider a history of domestic violence when evaluating permanent parenting plans, which means allegations or findings connected to the injunction can carry weight long after the injunction itself is resolved.

Can an Injunction Affect Other Aspects of Your Divorce?

Yes, in several ways. An injunction may also require the respondent to surrender firearms, complete a batterer’s intervention program, or comply with other conditions. These requirements can affect that party’s ability to participate fully in divorce proceedings and may be considered by the court when evaluating credibility or fitness as a parent.

Additionally, the existence of an injunction creates a public record and may affect how negotiations proceed in a contested divorce. Parties subject to an injunction are restricted from contacting the petitioner directly, which means all communication, even about divorce-related issues, must go through attorneys or other approved channels.

It is also worth noting that violating a domestic violence injunction is both a civil and a potential criminal matter under Florida Statute § 741.31, and any such violations could reflect poorly on the respondent in the divorce case itself.

Let Us Guide You Forward

Navigating a divorce that involves a domestic violence injunction requires careful attention to both family law and protective order proceedings. If your divorce involves these circumstances, our team of Fort Lauderdale divorce lawyers at the office of Sandra Bonfiglio, P.A. is here to help. We encourage you to contact us today to schedule a confidential consultation and learn more about how we may be able to assist you.

Source:

flsenate.gov/Laws/Statutes/2025/741.30