Domestic Violence Divorce Florida 2026: Protecting Yourself and Your Children

When Divorce Means Escaping: Understanding Domestic Violence Divorce in Florida

If you are experiencing domestic violence and considering divorce in Florida, your safety comes first, always. As a Florida family law attorney, I want you to know that the legal system has specific protections designed to help you escape abuse safely while securing your rights and protecting your children.

Domestic violence divorce in Florida involves unique legal considerations that standard divorce proceedings do not address. From emergency injunctions to special custody provisions, Florida law recognizes that abuse fundamentally changes how a divorce must be handled. This guide will walk you through everything you need to know about navigating this difficult journey in 2026.

Before we go further: if you are in immediate danger, call 911 or the National Domestic Violence Hotline at 1-800-799-7233. No legal strategy is worth your life.

How Florida Law Defines Domestic Violence

Understanding how Florida legally defines domestic violence is crucial because it determines what protections are available to you. Under Florida Statute 741.28, domestic violence includes any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.

Family or household members include:

• Spouses and former spouses
• Persons related by blood or marriage
• Persons who are presently residing together as if a family
• Persons who have resided together in the past as if a family
• Persons who are parents of a child in common regardless of whether they have been married

What many people do not realize is that domestic violence extends beyond physical abuse. In my experience handling these cases, I have seen emotional abuse, financial control, and coercive behavior devastate families. While Florida law focuses on specific criminal acts for injunction purposes, courts increasingly recognize patterns of controlling behavior when making custody and divorce decisions.

Types of Abuse That May Affect Your Divorce

Physical abuse is the most obvious form, but other types of abuse significantly impact divorce proceedings:

Physical abuse includes hitting, slapping, pushing, choking, or any unwanted physical contact intended to harm or control you.

Emotional and psychological abuse involves threats, intimidation, isolation from family and friends, constant criticism, gaslighting, and manipulation designed to undermine your sense of reality.

Financial abuse means controlling access to money, preventing you from working, running up debt in your name, or using money as a weapon to control your behavior.

Sexual abuse encompasses any forced or coerced sexual activity, including within marriage.

Digital abuse includes monitoring your phone, email, or social media, using technology to track your location, or posting private information online to humiliate you.

Injunctions for Protection: Your First Line of Defense

Florida offers several types of protective injunctions under Chapter 741, and understanding which one applies to your situation is essential. An injunction for protection against domestic violence, commonly called a restraining order, can provide immediate safety while your divorce proceeds.

How to Obtain a Domestic Violence Injunction in Florida

You can file a petition for injunction at your local county courthouse. The process works as follows:

First, you complete the petition forms, which are available at the clerk of court office or online through the Florida Courts website. You do not need an attorney to file, and there is no filing fee for domestic violence injunctions.

Second, a judge reviews your petition, typically the same day. If the judge finds sufficient evidence of immediate danger, they will issue a temporary ex parte injunction. This happens without your abuser being present or notified.

Third, a hearing is scheduled within 15 days where both parties can present evidence. After this hearing, the judge decides whether to issue a final injunction, which can last indefinitely.

In my experience handling domestic violence divorce cases in Florida, the petition you file is crucial. Be specific about incidents, dates, and any witnesses. Include information about weapons in the home, prior law enforcement involvement, and threats made against you or your children.

What a Florida Domestic Violence Injunction Can Do

A domestic violence injunction can order your abuser to:

• Stay away from your home, workplace, and children's schools
• Have no contact with you through any means, including third parties
• Move out of your shared residence
• Surrender firearms to law enforcement
• Pay temporary support for you and your children
• Participate in a batterer's intervention program
• Grant you temporary exclusive use of shared vehicles
• Provide temporary custody of children

Violating an injunction is a criminal offense under Florida Statute 741.31. A first violation is a first-degree misdemeanor. A second violation becomes a third-degree felony.

How Domestic Violence Affects Florida Divorce Proceedings

Domestic violence changes almost every aspect of how your divorce will proceed. Florida courts take abuse allegations seriously, and there are specific procedures designed to protect survivors throughout the process.

Filing for Divorce While an Injunction Is Active

You can and should file for divorce while a protective injunction is in place. The injunction remains active and provides protection throughout the divorce process. In fact, having a documented injunction strengthens your position in divorce proceedings.

When filing for domestic violence divorce in Florida, you may be able to request that your address remain confidential through the Address Confidentiality Program administered by the Florida Attorney General's office. This prevents your abuser from learning where you have relocated.

Grounds for Divorce Involving Domestic Violence

Florida is a no-fault divorce state, meaning you only need to prove that the marriage is irretrievably broken. You do not have to prove abuse to obtain a divorce. However, documenting domestic violence matters enormously for other aspects of your case, including:

• Alimony determinations
• Property division
• Child custody arrangements
• Time-sharing schedules

How Abuse Affects Alimony Awards

Florida Statute 61.08 lists factors courts consider when awarding alimony, and evidence of domestic violence can influence the outcome significantly. While Florida's 2023 alimony reform eliminated permanent alimony, judges still have discretion in awarding durational, rehabilitative, and bridge-the-gap alimony.

Courts may consider how abuse affected your ability to work or advance your career, how financial abuse limited your economic independence, medical expenses resulting from abuse, and the abuser's use of marital assets to perpetuate the abuse.

Property Division Considerations

Florida follows equitable distribution principles, meaning marital assets are divided fairly though not necessarily equally. Domestic violence can influence property division when:

• One spouse dissipated marital assets through abuse-related conduct
• The abuser destroyed property during violent episodes
• Financial abuse prevented one spouse from contributing to marital assets
• One spouse incurred debt fleeing abuse or seeking medical treatment

If you need guidance on protecting your assets during this process, a strategy session can help you understand your options.

Child Custody in Domestic Violence Cases

This is where domestic violence most profoundly affects divorce proceedings. Florida courts must consider evidence of domestic violence as evidence of detriment to children when creating parenting plans.

Florida's Presumption Against Abusers

Under Florida Statute 61.13, when there is evidence of domestic violence, the court must consider the safety of the child and the parent who is the victim of domestic violence. There is a rebuttable presumption that shared parental responsibility would be detrimental to the child if a parent has been convicted of a domestic violence crime.

Even without a criminal conviction, documented abuse through injunctions, police reports, or other evidence heavily influences custody decisions. In my experience handling abuse-related custody cases throughout Florida, judges take these allegations seriously and often order supervised visitation or other protective measures.

What This Means for Parenting Plans

A parenting plan in a domestic violence case may include:

• Sole parental responsibility granted to the non-abusing parent
• Supervised visitation at a designated facility
• No overnight visitation for the abusing parent
• Exchange of children at police stations or supervised locations
• Prohibition on the abusing parent knowing the other parent's address
• Requirements that the abusing parent complete intervention programs
• Sobriety requirements and testing if substance abuse was involved

Emergency Custody Considerations

If your children are in immediate danger, you may need to seek an emergency custody order. Florida courts can issue emergency orders when there is imminent risk of harm to a child. This is separate from, but often related to, domestic violence injunctions.

Documenting Domestic Violence for Your Divorce Case

Proper documentation can make the difference between protecting yourself and your children or facing a more difficult legal battle. Start gathering evidence safely now.

Types of Evidence That Support Your Case

Police reports are among the most valuable forms of documentation. Even if charges were not filed, a police report creates an official record of the incident.

Medical records document injuries and their causes. Tell healthcare providers honestly how injuries occurred and ensure it is documented in your medical records.

Photographs of injuries, damaged property, or threatening messages should be taken with timestamps when possible. Store these in a secure location your abuser cannot access, such as a trusted friend's phone or a cloud account with a password they do not know.

Text messages, emails, and voicemails containing threats or admissions of abuse should be preserved. Take screenshots and save them in multiple secure locations.

Witness statements from people who saw abuse or its aftermath can corroborate your account. Friends, family, neighbors, coworkers, and teachers may have relevant observations.

Financial records showing economic abuse, such as being denied access to accounts or running up debt in your name without consent, support your case.

Safety Tips for Gathering Evidence

Your safety must come first when collecting evidence. Never put yourself at risk to gather documentation. Consider these precautions:

• Use devices your abuser does not monitor
• Create new email accounts they do not know about
• Clear your browsing history after researching resources
• Store physical documents with a trusted person
• Use a safety deposit box if available
• Be aware that home devices may be monitored

Navigating Divorce When Your Spouse Is Dangerous

Divorcing an abuser presents unique challenges that require careful planning. Your physical safety must be the priority throughout this process.

Creating a Safety Plan

Before serving divorce papers, work with a domestic violence advocate to create a safety plan. Florida has numerous domestic violence centers that provide free safety planning, counseling, and emergency shelter.

Your safety plan should address where you will go if you need to leave immediately, how you will access money, what documents you need to take, how you will communicate safely, what you will tell the children, and who you can trust to help.

Service of Process Considerations

When your spouse is served with divorce papers, there is potential for increased danger. Consider timing service when you are in a safe location, having a safety plan ready for after service occurs, requesting law enforcement assistance with service, and staying with family or at a shelter immediately after service.

Handling Mandatory Disclosure

Florida requires both parties in a divorce to disclose their assets, debts, income, and expenses. If you fear your spouse learning your new address, discuss address confidentiality options with your attorney. Court filings can sometimes be sealed or redacted to protect your location.

Special Considerations for Children Exposed to Domestic Violence

Children who witness domestic violence experience trauma even if they were not directly abused. Florida courts recognize this when making custody decisions.

Impact on Parenting Evaluations

If a parenting evaluation is ordered in your case, the evaluator should consider evidence of domestic violence and its effect on the children. Be prepared to discuss what your children witnessed or experienced, how the abuse affected your parenting, your children's current emotional state, therapeutic services your children have received, and your plan for supporting their recovery.

Guardian Ad Litem Involvement

In high-conflict cases involving domestic violence, the court may appoint a guardian ad litem to represent the children's best interests. This person investigates the family situation and makes recommendations to the court. If you have a teenager whose preferences matter, the guardian may speak with them directly.

Therapy and Support for Children

Document any therapy or counseling your children receive related to the domestic violence. This serves multiple purposes: it shows the court you are addressing their needs, it creates professional documentation of the abuse's impact, and most importantly, it helps your children heal.

Financial Independence During Domestic Violence Divorce

Financial abuse often accompanies other forms of domestic violence, leaving survivors economically vulnerable. Understanding your financial rights is crucial.

Access to Marital Funds

You have a right to marital assets during the divorce process. If your spouse has cut off your access to money, you can request temporary relief from the court, including access to joint accounts, temporary support payments, payment of household bills, and attorney's fees.

Building Financial Independence

Start taking steps toward financial independence safely. Open a bank account in your name only at a different bank than your spouse uses. Begin building or rebuilding your credit. Understand what income and assets exist in the marriage. Research employment or training opportunities.

For a comprehensive understanding of your financial rights, consider reading about what a spouse is entitled to in Florida divorce.

Common Questions About Domestic Violence Divorce in Florida

Can I Get Divorced Without My Abuser's Consent?

Absolutely yes. Florida is a no-fault divorce state, and you do not need your spouse's agreement or participation to get divorced. If your spouse refuses to cooperate, the divorce can proceed through default. Learn more about divorcing without spouse consent.

What If My Spouse Threatens Me If I File for Divorce?

Threats are a form of domestic violence. Document these threats carefully and report them to law enforcement. This evidence supports your injunction petition and strengthens your divorce case. Never let threats prevent you from seeking safety and freedom.

Should I Wait Until I Have Evidence to Leave?

No. Your safety is more important than evidence. Leave when you can do so safely. Evidence can be gathered throughout the divorce process, and your testimony about what happened is evidence itself. Do not stay in a dangerous situation to collect proof.

What Happens to Our House?

Through a domestic violence injunction, you may be able to have exclusive use of the marital home while the divorce proceeds. The ultimate disposition of the home will be determined during equitable distribution. Courts consider which parent has primary custody of children when deciding who keeps the family home.

Working With Legal Professionals in Domestic Violence Cases

Navigating a domestic violence divorce requires professional guidance. Understanding your options for legal representation helps you make informed decisions.

Types of Legal Help Available

Full representation means an attorney handles your entire case from start to finish. This provides maximum protection but may be cost-prohibitive for some survivors.

Unbundled legal services allow you to hire an attorney for specific tasks while handling other aspects yourself. For example, you might hire an attorney to review your parenting plan but handle the financial disclosures yourself. A consultation can help you determine which approach fits your situation.

Legal aid organizations provide free legal services to qualifying survivors of domestic violence. Contact your local legal aid office or domestic violence center for referrals.

Domestic violence advocates are not attorneys but provide invaluable support navigating the system, safety planning, and connecting you with resources.

What to Bring to Your First Attorney Meeting

Prepare for your initial consultation by gathering any injunctions or police reports, documentation of abuse such as photos and medical records and messages, financial information you can safely access, questions about your specific situation, and information about your children.

Understanding legal costs helps you plan financially for the divorce process.

Moving Forward After Domestic Violence Divorce

Divorce is not the end of your journey but the beginning of a new chapter. Protecting yourself continues after the final judgment.

Maintaining Safety Post-Divorce

Keep your injunction active if it provides ongoing protection. Document any violations immediately. Update your safety plan as circumstances change. Consider ongoing counseling for yourself and your children.

Enforcing Court Orders

If your ex-spouse violates the parenting plan, support orders, or injunction, you have legal remedies. Document violations carefully and contact your attorney or law enforcement as appropriate. Courts take order violations seriously, especially in domestic violence cases.

Healing and Recovery

Surviving domestic violence takes courage. Escaping takes even more. Give yourself grace as you heal. Connect with support groups, continue therapy, and build a network of people who support your safety and recovery.

Resources for Domestic Violence Survivors in Florida

Florida has numerous resources available to domestic violence survivors:

The Florida Domestic Violence Hotline at 1-800-500-1119 operates 24 hours a day, 7 days a week.

The National Domestic Violence Hotline at 1-800-799-7233 provides assistance in multiple languages.

Florida Coalition Against Domestic Violence at fcadv.org connects you with local certified domestic violence centers.

Florida Courts Self-Help provides forms and information at flcourts.gov.

Florida Attorney General Address Confidentiality Program protects your new address from public records.

Taking the First Step

If you are reading this article because you are in an abusive relationship and considering divorce, I want you to know that you deserve safety. You deserve freedom. You deserve a life without fear.

The legal system, while imperfect, has tools to protect you. Domestic violence divorce in Florida is different from other divorces, and working with professionals who understand these differences matters.

Start by creating a safety plan. Reach out to a domestic violence hotline or local center. When you are ready, schedule a strategy session to understand your legal options.

You are not alone, and help is available.

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This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.