Making the decision to seek a protective order against your ex-spouse can be incredibly difficult. While you may have never anticipated needing protection from someone you likely once considered your soulmate, matters can be made even worse when you discover that your spouse has violated the court order. Unfortunately, this can leave you scared and unsure of where to turn. If this reflects your circumstances, the following blog explores what you should know about these matters, including the different kinds of orders that may be imposed, how violations can impact custody, and the steps you should take with the help of Tampa family lawyers to explore your options.
What Are the Different Types of Restraining Orders?
It’s important to understand that there are different types of protective orders that can be issued in Florida. Though they share the same premise, of protecting those from unwanted contact and harassment, each order has slightly different conditions, so understanding the differences can help ensure you receive maximum protection.
One of the most common types of protective orders taken out against a spouse is a domestic violence injunction. This helps provide protection for those who have been targeted by intimate partners, like a spouse. This order typically grants the petitioner the right to remain in a shared home, exclusive possession of any pets in the home, and any other relief deemed necessary by the court.
Can Violations Impact Custody?
If you have a protective order against your spouse during your divorce, and the violations occur before custody is determined, the court will likely view your spouse in an unfavorable light. This is because the court will prioritize the best interests of the child, and a parent who violates a court order may be viewed as a danger to the child’s health and well-being. Additionally, the court will consider each parent’s willingness to comply with orders by the court when making decisions regarding custody.
Depending on the severity of the violations, the court may grant the non-custodial spouse supervised visitation with the child. This allows the parent and child to maintain a relationship while ensuring the safety of the child by having a third-party present for the duration of the visit.
What Should I Do If My Ex Violates the Protective Order?
In the event your ex violates any aspect of the restraining order in place, the first thing you should do is call the police. These orders are enforceable by law enforcement, so allowing the police to handle this matter is criminal. At the very least, this ensures that a formal report, if not an arrest, is made to serve as evidence.
In addition to contacting the police, you should document all violations that occur. This entails keeping a documented list of the date, time, and location of the violation, along with any supporting evidence you’ve gathered, like emails, texts, or photographs. It is important to note that Florida is a two-party consent state for recording any conversations, so any secret recordings taken of conversations between you and your ex without their knowledge can be deemed inadmissible as evidence.
When you are the victim at the hands of your spouse, it can be devastating. However, these matters can turn downright terrifying when they violate a protective order. As such, it is in your best interest to connect with an experienced attorney with Tampa Law Group to explore your legal options. When you need help, our firm is ready to fight for the best possible outcome for you and your family. Contact us today to learn more.
