Domestic Violence and Florida Family Court

Overview of how Florida family courts may consider domestic violence in custody and parenting decisions.

Florida Family Court and Domestic Violence

What Florida Family Courts Usually Decide

Family courts in Florida handle many issues that affect children and parents. In cases involving separation, divorce, or disputes between parents, the court may look at:

• Parental responsibility – who makes important decisions about a child’s health, schooling, and activities, and whether those decisions are made together or by one parent alone.
• Time-sharing – how the child’s time is divided between homes, including weekdays, weekends, holidays, and vacations.
• Child support – financial support for the child’s needs, such as food, clothing, housing, and basic activities.

When there are concerns about relationship harm or domestic violence, the court’s main focus is usually the child’s safety and stability.

Sharing Information About Domestic Violence With the Court

Concerns about domestic violence can be brought to the family court in several ways. These may include:

• Allegations in court documents – a parent may describe incidents of violence, threats, or control in written court forms or affidavits filed in the family case.
• Existing injunctions (restraining orders) – if there is a civil protection order, often called an injunction against domestic violence, that order can usually be shown to the family court.
• Criminal records or charges – the court may be made aware of any related criminal charges, convictions, or probation conditions where allowed by court rules.
• Police or medical records – reports, notes, or other documents may sometimes be submitted as evidence, depending on the court’s rules.
• Witness information – statements from people who have seen or heard relevant events may also be used, again following court procedures.

Each court has rules about how to present and prove information. The judge decides what evidence can be considered and how much weight to give it.

Child-Focused Safety and Stability Factors

When domestic violence is a concern, family courts in Florida generally focus on what arrangement will be safest and most stable for the child. In plain language, the judge may think about:

• Physical safety – whether a child or a parent is at risk of being hurt, threatened, or controlled.
• Emotional safety – how conflict, fear, or intimidation might affect a child’s mental and emotional well-being.
• Consistency and routine – whether the child can have a stable home base, school, and daily schedule.
• Caregiving history – who has been taking care of the child’s day-to-day needs, such as meals, homework, and medical care.
• Ability to co‑parent safely – whether the parents can communicate and exchange the child without ongoing harassment, threats, or control.
• Impact of exposure to violence – whether the child has seen or heard violence or threats at home, even if the child was not directly targeted.
• Substance use or other safety risks – how alcohol, drugs, weapons, or other risk factors might affect safety.

The court’s goal is usually to support a parenting plan that allows the child to grow up in the least harmful and most stable environment possible.

How Abuse Concerns Can Affect Parental Responsibility

Parental responsibility refers to who makes major decisions for the child. In many situations without safety concerns, courts may prefer shared decision-making. When there is domestic violence, the court might consider whether shared decision-making would:

• Give an abusive person more opportunities to control or intimidate the other parent.
• Make it harder for the survivor to protect the child or themselves.
• Lead to ongoing arguments about medical care, schooling, or activities.

In some cases, if the judge believes shared decision-making is not safe or not workable because of abuse, the court may:

• Give one parent the final say on certain major decisions, or
• Give one parent most or all decision-making authority for specific areas of the child’s life.

How Abuse Concerns Can Affect Time-Sharing

Time-sharing is how the child’s time is divided between parents. If there are concerns about abuse, the court may look at:

• Whether the child is directly unsafe with one parent.
• Whether contact between the parents puts someone at risk of harm.
• Whether a parent has followed or violated past court orders or injunctions.
• How exchanges of the child can happen with the least conflict and risk.

Depending on the situation, concerns about abuse may lead the court to:

• Limit overnights with a parent who poses a safety risk.
• Order shorter or daytime-only visits for a period of time.
• Set clear rules about where and how exchanges must happen.
• Adjust holidays or vacations to reduce contact between the adults.

Every case is different. The court usually looks at both the child’s need for safety and the child’s need for stable relationships.

Supervised Time-Sharing and Safety Conditions

When the court is worried about safety but does not completely cut off contact, it may order extra safeguards. These could include:

• Supervised time-sharing – visits take place at a supervised visitation centre or in another monitored setting with a trained supervisor.
• Third‑party exchanges – a trusted person, service, or centre handles pick-ups and drop-offs so the parents do not have to meet directly.
• Communication limits – communication between the parents is limited to certain apps, email, or written messages, or restricted to topics about the child only.
• No‑substance conditions – orders that a parent must not use alcohol or drugs during or just before time-sharing, sometimes paired with testing.
• Program requirements – orders that a parent attend counselling, a batterer intervention program, parenting classes, or substance-use treatment before expanding time-sharing, as allowed by law.

Injunctions, No-Contact Orders, and Family Court

If there is a domestic violence injunction or a criminal no-contact order in place, the family court usually needs to respect those limits when setting parenting arrangements. This can affect:

• Whether the parents can be in the same place for exchanges.
• How they are allowed to communicate about the child.
• Whether third parties or supervised centres are needed for visitation or exchanges.

Sometimes, the criminal court, injunction court, and family court orders are all active at the same time. Each court may have different rules, and it can be confusing to understand which order controls in a specific situation.

Why Speaking With a Florida Family Law Attorney Matters

Family court decisions in Florida can have long-term effects on safety, housing, finances, and your child’s daily life. Domestic violence can make every choice more complex, especially when trying to:

• Protect children from further harm.
• Reduce contact with a person who has been abusive.
• Follow court orders while staying as safe as possible.

Because each situation is unique and the law can change, it is important to speak directly with a Florida family law attorney or a reputable legal aid organization for guidance on your specific circumstances. They can explain your options, help you prepare evidence, and suggest safer ways to participate in the court process.

Additional support options across North America, including information that may be relevant for people in Florida, can be found through resources listed at https://www.dv.support.

Planning Around Court and Personal Safety

For many people, attending court with someone who has been abusive can feel unsafe. While every situation is different, some people find it helpful to:

• Arrive early so they can find the courtroom and sit away from the other party.
• Ask court security, when available, about any safety procedures near the courtroom.
• Bring copies of all important documents in an organized folder.
• Plan transportation to and from court, including what to do if they feel followed or unsafe afterward.
• Consider having an advocate, support person, or attorney with them when possible, if the court allows it.

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