Legal Question in Family Law in Florida

FRO in a mental abuse case

What type of proof is needed to get an FRO against a husband who has practised mental and emotional abuse on his wife and children for years and has intensified it since being served with divorce papers?I'm afraid he might turn physical.

Asked on 2/04/08, 8:13 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: FRO in a mental abuse case

The statute is very broad, and a domestic injunction for protection (what most people call a "restraining order") can be granted for almost any type of domestic abuse.

Most judges, however, interpret the statute more narrowly. Most judges believe there has to be an actual threat of physical violence before the injunction can be issued. Some judges even think there has to be actual violence.

In terms of proof, though, one person's word against another's is very often all the proof you need. A witness or a recording (not over the phone, that's illegal) helps, but a lot of these injunctions--probably most--are issued just based on one person's word against another's. Judges are very skeptical if you didn't call the police, though.

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Answered on 2/04/08, 11:16 am

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