Domestic violence does not always look like what people imagine. It is physical — but it is also emotional, financial, and psychological. And in Florida, all of it is taken seriously by the law. Whether your situation is ongoing or in the past, whether you are ready to leave or still figuring things out — knowing your legal options is the first step toward safety and freedom.
If You Are in Immediate Danger — Call 911 Now
This article provides legal information. If you are in immediate danger, please call 911 first.
National Domestic Violence Hotline: 1-800-799-7233 (24/7 · Confidential)
Hubbard House Jacksonville (Duval): (904) 354-3114
Quigley House (Clay County): (904) 284-9741
SAFE (Nassau County): (904) 261-9181
At Erlinger Family Law, we approach domestic violence cases with the urgency, sensitivity, and strategic legal thinking they require. Jennifer Erlinger is a former Assistant State Attorney who fights every day to make sure survivors across Jacksonville and Northeast Florida have access to the legal protections they deserve.
What Counts as Domestic Violence Under Florida Law
Florida Statute § 741.28 defines domestic violence broadly — including assault, battery, sexual assault, stalking, kidnapping, and any criminal offense resulting in physical injury or death committed by one family or household member against another.
Beyond physical violence, Florida courts recognize emotional abuse, financial control, threats, isolation, and coercive control — all of which can be documented and presented in court during divorce and custody proceedings.
Under Florida law, protection extends to current and former spouses, people related by blood or marriage, people who lived together as a family, and people who share a child — regardless of whether they were ever married.
The Injunction for Protection — Your First Line of Legal Defense
Under Florida Statute § 741.30, any victim of domestic violence — or anyone with reasonable cause to believe they are in imminent danger — has the right to file a Petition for an Injunction for Protection Against Domestic Violence in circuit court. This is commonly called a restraining order.
A domestic violence injunction can:
• Require the abuser to immediately leave your home — even if they own it
• Prohibit all contact — phone, text, social media, through third parties
• Keep the abuser away from your home, workplace, and children's school
• Award you temporary custody of your minor children
• Order the abuser to surrender all firearms and ammunition
• Direct the abuser to attend a batterer's intervention program
Temporary injunctions can be granted the same day you file — without the abuser present — effective for up to 15 days. A full hearing is then scheduled where a permanent injunction can be issued.
Leaving Your Home Does NOT Waive Your Legal Rights
One of the most critical protections under Florida law: your right to petition for an injunction is not affected by having left your residence to avoid domestic violence — Florida Statute § 741.30(1)(d).
Many survivors hesitate to leave because they fear losing their home, their children, or their legal standing. Florida law explicitly protects against this. If you leave to protect yourself or your children, you retain your right to return, your right to full legal protection, and your right to seek custody. Leaving is not abandonment under Florida law when domestic violence is the reason.
Domestic Violence & Divorce — How They Intersect in Florida
While Florida is a no-fault divorce state, a history of domestic violence is highly relevant to several aspects of your divorce. Courts consider it when determining time-sharing, parental responsibility, asset division, and alimony. A documented history of abuse can significantly influence the outcome in your favor — which is exactly why having the right legal strategy from day one matters so much.
Domestic Violence & Child Custody — What Florida Courts Must Consider
Under Florida Statute § 61.13(2)(c)2, Florida courts are required to consider evidence of domestic violence when determining time-sharing. When domestic violence is proven, courts may:
• Award sole parental responsibility to the victimized parent
• Restrict the abuser to supervised visitation only
• Prohibit overnight visitation entirely
• Require the abuser to complete a batterer's intervention program before any unsupervised contact
• Deny time-sharing entirely in the most serious cases
Florida law creates a presumption that sole parental responsibility is appropriate when domestic violence is documented. The abuser then bears the burden of proving that shared parenting is in the child's best interest.
Financial Abuse Is Domestic Violence Too
Financial abuse — controlling all access to money, preventing a spouse from working, running up debt in your name, hiding assets — is a recognized form of domestic violence. In a divorce involving financial abuse, courts can consider this conduct as part of equitable distribution.
If your spouse has controlled all finances, you may be entitled to a larger share of marital assets, rehabilitative alimony, bridge-the-gap support, and attorney's fees paid by the abuser. Florida courts under § 61.075 can consider intentional waste or depletion of marital assets — including financial control used as a tool of abuse.
Violating a Domestic Violence Injunction Is a Crime
Under Florida Statute § 741.31, willfully violating a domestic violence injunction is a first-degree misdemeanor — punishable by up to one year in jail and a $1,000 fine. A second violation is a third-degree felony.
If your abuser violates your injunction — contacts you, comes near your home, or violates custody terms:
1. Call 911 immediately and report the violation
2. Document every violation with dates, times, and screenshots
3. Contact your attorney immediately to seek enforcement
Law enforcement is required to arrest an abuser who has probable cause for a violation. You do not need to be physically harmed — any violation of the order is actionable.
You Have the Right to Leave — And the Right to Legal Help
The most important thing to know: you have the right to leave — and when you do, Florida law is on your side.
You have the right to:
• File for a protective injunction at any time, for free
• Petition for temporary custody of your children
• File for divorce without your spouse's consent or cooperation
• Keep your address confidential through Florida's Address Confidentiality Program (ACP)
• Seek attorney's fees from your abuser in divorce proceedings
At Erlinger Family Law, we will never rush you or pressure you. We understand the complexity of domestic violence relationships — the financial dependency, the fear, the children. Our job is to make sure that when you are ready, you have the full force of Florida law behind you.
📍 Serving Domestic Violence Survivors Across Northeast Florida
You Deserve Safety. You Deserve a Future. You Deserve Legal Help.
Jennifer Erlinger is a former Assistant State Attorney who has fought for survivors for over two decades. Your first consultation is completely free and confidential — no pressure, no judgment, just real answers and real advocacy.
You took the first step by reading this. That matters. Whether you are ready to act today or still gathering the courage and the plan — Erlinger Family Law is here for you whenever you are ready. Your safety and your family's future are worth fighting for.