If your spouse has become abusive the most important thing that you can do is make sure that you and your children are protected. The way to do this is by asking the court to award you either a temporary or permanent restraining order. Those can be obtained from any of the courthouses in Miami. All you need to do is walk in, fill out an application or petition for an injunction and a judge will review it while you wait. The restraining order will either be given or not given. If it is given it is a temporary restraining order with a hearing date set for approximately two weeks later.
What happens during that time is your spouse will be served and he cannot come within a certain distance of you. If you’ve filed a restraining order on behalf of your children as well but he cannot come within a certain distance from the children where they attend school and/or where you work.
What this allows is to make sure that you are protected. Any violation of the space that the injunction has awarded you allows you to call the police and have the person arrested immediately. So, this is the most important step that you need to take to make sure. You’ll have to ensure that if you’re getting these restraining orders that you do retain an attorney for the permanent hearing.
The reason for that is the accused will usually bring an attorney. If where if you are unrepresented you will be subjected to questioning by an attorney and you very well may not be able to make your case if you don’t have somebody who knows the system and knows what questions to ask and what information to bring forward in the hearing in order to be able to grant you that permanent injunction.See all videos