Can your spouse really kick you out? Understanding Injunctions in Family Law.

You’ve been removed from your own home because your spouse went down and got an injunction, and that injunction says get out of the house. The weird thing about it is you didn’t even get to say. That’s what happens under Florida law on temporary, domestic, repeat, dating, and other violence accusations and injunction hearings.  

We find this often times just before a divorce case gets filed, one party goes to court, they go to the courthouse, and they file a sworn statement claiming that the other spouse has been abusive to them, that they need protection from that spouse, and they need to remain in the home. The judge has to take everything that’s written there as true, and you don’t even know that it’s been said; then the judge will decide if that’s enough and may, without you even having to say, enter an order saying your spouse gets to stay in the house and you have to leave. The police show up, they tell you to leave, and you can’t come back.  

Fortunately, our system does provide an opportunity for you to be heard. It’s one of your due process rights, but that may be days or even weeks out before you get a hearing to come in front of the judge and plead your side of the case.  

One of the main things that we look for in those is, was the spouse who’s made the accusations making those up simply so they could get possession of the home just prior to filing the divorce action so they could remain in the home during the divorce. That very well may be the case. Now, if violence is involved and there are children especially, the victim of the violence will likely be permitted to stay in the home with the children and the accused or the abuser be asked to leave.  

Just because you’ve received the temporary order telling you, you have to get out, doesn’t mean you should not still fight if you believe you are correct. You’ll be best to retain an attorney soon in order to help defend you in those allegations, because once the final order gets in place, even if a divorce is not filed, it’s hard to upset that moving forward. So, giving your best shot to win at the hearing when you get a chance to present your case is what you should do, and you should probably engage an experienced and qualified attorney to assist you in that process.