TEMPORARY INJUNCTIVE RELIEF IN FAMILY LAW CASES
Florida Family Law Courts have the authority to enter a temporary injunction to protect your assets, your children, or even yourself when believed to be placed in a situation where irreversible, immediate harm may occur.
A temporary injunction order will “enjoin” (or prohibit) a party from doing a specific act, such as hiding your assets, removing your children from South Florida, or being allowed to come near you. Knowing how injunctions work, what types of injunctions are available, and when to seek injunctive relief in your family law matter is important. Below is a brief look at issues spotted during initial consultations and whether three potential injunctive relief remedies are available to you at the start of your family law matter.
Protection of Assets. One of the main concerns from potential clients during their initial consultation for divorce is the intentional depletion of marital assets by their spouse. The concerns can vary. Take for example a full-time housewife who has managed her family for twenty years but has not been privy to their finances. Her husband has now moved out and into a 3-bedroom condo on South Beach, is driving a new Maserati, and has turned off her credit cards and her debit card. Her fear is that her husband is now trying to hide assets from her. As another example, take the husband who has just learned that his wife, who has a serious gambling problem and was supposed to be in rehab, gambled away more than $100,000.00 over the last two months. He now wants a divorce and is extremely concerned his wife will continue to empty their accounts during this process. In each of these circumstances, the Courts can provide injunctive relief by immediately ordering that a spouse cannot sell, dispose, or encumber marital assets. The Courts can even take it one step further and freeze specific bank accounts when needed. This type of injunction relief is necessary to avoid irreversible harm to a spouse that would otherwise have no assets left for the Court to equitably distribute. The Court can enter a temporary injunction such as this at any time during your divorce, including before your spouse is even served with your divorce filings.
Protection of Children. Another concern that potential clients often have when starting a divorce or paternity action is the removal of child from their home or worse out of the state of Florida. For example, the father who fears that the mother will go through with her threat to immediately move herself and the minor child to Georgia if he files a paternity action. Or the wife who fears that if she files for divorce her husband will unilaterally move from Miami to Palm Beach County and enroll the children in a different private school without her consent. Florida Family Law Courts generally find the issue of removing a child from the jurisdiction (and their school) on an urgent or potential emergency basis. In fact, the Miami-Dade County and Broward County Courts have already enacted Administrative “Status Quo” Orders to prevent relocation of children without agreement of the parties or Court Order. A such, it should come as no surprise that the Courts can and will enter a specific temporary injunction prohibiting the removal of your children from the jurisdiction or their school at any time during your case.
Protection of Yourself. The most dangerous concerns that potential clients have during an initial consultation is fear for their own safety. When a relationship with a spouse, significant other, family member, or roommate has become abusive or you reasonably fear that you are in imminent danger, the Florida Family Law Courts can grant an injunction that keeps a person from coming to your home, your place of work, or being within five hundred (500) feet of you in a public setting. You must know which injunction to file when seeking protection. There are several injunctions that you can file, including for domestic violence, repeat violence, dating violence, sexual violence, and stalking. For example, a person who has been assaulted several times by their roommate may need to seek a temporary injunction for repeat violence. If you are experiencing domestic abuse or any other form of violence, immediately speak to an attorney about which injunctive relief you should seek to protection yourself today.
For more information on any injunctive reliefs in family law matters and how you can protect your assets, your children, or yourself, please feel free to: contact Lindsay B. Haber, Esq.
Lindsay B. Haber, Esq. is a partner in the family law division of Kluger Kaplan. Ms. Haber has worked as a family law attorney for nearly nine years and has experience in high-profile, high-conflict family law matters, such as complex and high value property, business and financial distributions as well as acrimonious child-related matters including international kidnapping and parenting conflicts.