How Domestic Violence Affects Divorce in Florida
Domestic violence is a serious issue that can significantly affect the outcome of a divorce in Florida. From child custody and timesharing to alimony and property division, courts give special consideration to the safety and well-being of victims wheChild custody palm beach gardensn making decisions. Understanding your legal rights is essential if domestic violence plays a role in your divorce.
Legal Definition of Domestic Violence in Florida
In Florida, domestic violence includes any assault, battery, sexual assault, stalking, kidnapping, or any criminal offense resulting in physical injury or death of one family or household member by another. Even threats or emotional abuse can be relevant in family law cases, especially when children are involved.
To better understand how Florida defines domestic violence in divorce cases, visit our Family Law page.
Protective Orders and Injunctions
Victims of domestic violence can file for an injunction for protection, also known as a restraining order. This can include:
- Exclusive use of the marital home
- Temporary custody of children
- Temporary spousal or child support
- No-contact provisions
This injunction becomes a key part of the court record and can influence many aspects of the divorce process.
Impact on Child Custody and Timesharing
Florida courts prioritize the best interests of the child. If domestic violence is proven, it can lead to:
- Sole parental responsibility awarded to the non-abusive parent
- Supervised visitation or no visitation for the abusive parent
- Restrictions on overnight stays or transportation
For more details on custody and parenting time, see our page on Child Custody and Parenting Plans.
Effects on Alimony and Property Division
While Florida follows equitable distribution of marital assets, domestic violence can influence this in several ways:
| Factor | Possible Court Outcome |
| Financial abuse | Larger share of assets to the victim |
| Emotional trauma | Higher alimony awards |
| Control over earnings | Unequal property division |
Judges may view prolonged abuse as a contributing factor to financial imbalance and hardship. Learn more about Alimony in Florida.
The Role of Evidence in Divorce Proceedings
To ensure that domestic violence is properly considered, victims should present:
- Police or incident reports
- Photos of injuries or damage
- Medical documentation
- Text messages or voicemails
- Witness testimony
The more complete the evidence, the stronger the case for protective measures and favorable outcomes during a Florida divorce.
When to Contact a Family Law Attorney
If you are facing domestic violence during a divorce, it’s crucial to work with a Florida family law attorney who understands both the legal and emotional complexities of your situation. An experienced attorney can help you:
- File for protective orders
- Safeguard custody rights
- Advocate for fair asset division and support
Conclusion
Domestic violence can alter the course of a divorce significantly. Whether you’re seeking protection, custody of your children, or a fair financial settlement, having a strong legal advocate on your side can make all the difference. If you’re facing these challenges, contact Gisondo Law to discuss your options and protect your future. To schedule a free, in-office, initial consultation please call the office at 561-530-4568. To learn more about Gisondo Law visit their website https://gisondolaw.com.