Domestic Violence in Florida Divorce

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Domestic violence in marriage can be a major cause for divorce and knowing you are safe is key to the livelihood of you and your children. If you fear abuse or other harm from your spouse, you should apply for a domestic violence injunction with the court. In addition, in going through a divorce with someone that is violent, you should let your attorney know and the judge know that you are in fear for your safety in the presence of your spouse. If the judge is aware of the danger, then the judge can take the proper steps in insuring your safety while you are going through divorce hearings where you and your spouse are in the same room. The judge can have a bailiff sit-in on the proceedings to restrain the spouse if that spouse becomes violent.
A recent Florida case involved such issues and the wife, while attending a final hearing on the divorce, was severely injured by her husband during the court proceeding. The judge, and most likely the wife, at the time did not know of the husband’s strong propensity towards violence and did not have a bailiff in the chambers. Luckily for the wife, the husband was restrained by her own attorney, but not before she suffered a broken nose.