Miami-Dade County's sensible choice for a low stress divorce ... Call Us: (305) 461-8288

Getting Divorced When Your Spouse is Physically Abusive: Taking The Brave First Step

By Jose Medina, Esq. | Divorce

Mar 24

Woman alone worried.

Domestic violence is real and often underreported. By its nature, it takes place at home or somewhere
where there are no witnesses.

Domestic violence knows no cultural, racial, or economic limits. It happens. If you are the victim of domestic violence, get help. Don’t put up with it. In particular, don’t put up with it “for the children.” It’s actually worse in most cases. You may be doing the children a disservice by staying. Definitely speak to your attorney about this.

Asking the court for protection

If you need the protection of the Court, you must apply for an injunction. This is done ex-parte, which means without a hearing. A judge will read your sworn complaint and determine if there is enough reason to believe that you are or likely will be a victim of domestic violence. The judge will do this based on the complaint alone, you will not be in front of the judge when this decision is made.

Getting an injunction

If the judge finds based on your complaint that you are or likely will be a victim of domestic violence, then the judge will put an injunction in place which forces your abuser out of the home and stops all contact between you, your abuser and your children. Within two weeks, the judge will hold a trial and hear evidence before determining whether or not the injunction will remain in place.

This hearing is very important and could impact your divorce case because at that time the judge may grant one spouse the exclusive use of the home, may establish spousal support and child support and may put in place a time-sharing schedule.

Don’t go it alone.