Can I see my children if there is an injunction against me in Florida?

This page is for parents who are the respondent in an injunction case, the person the petition is filed against. It explains what a domestic violence injunction can order about children, what the judge must decide at the final hearing, how exchanges work, and how the terms can change later. The rest of the response is on our guide to responding to a restraining order in South Florida.

How are children handled in an injunction case, step by step?

1. The petition. The domestic violence petition form asks whether minor children live with the petitioner and whether the petitioner fears the respondent will abuse, remove or hide them (s. 741.30(3)(b)). A petition that seeks a parenting plan must include the Uniform Child Custody Jurisdiction and Enforcement Act information (s. 741.30(3)(d)).
2. Service. The respondent is served with the petition, the custody jurisdiction affidavit if any, the notice of hearing and any temporary injunction (s. 741.30(4)).
3. The temporary order. On the same basis as s. 61.13, the judge may give the petitioner a temporary parenting plan with up to 100 percent of time-sharing (s. 741.30(5)(a)3.).
4. Exchanges. If the respondent is given temporary time-sharing, exchanges must take place at a neutral safe exchange location or a supervised visitation program location when the court finds that is in the child's best interests (s. 741.30(5)(a)3.). If the parents already have a parenting plan from another court, the injunction can move exchanges to such a location (s. 741.30(5)(a)4.).
5. The final hearing. If the judge decides to issue a domestic violence injunction, the judge must also rule on the petitioner's temporary time-sharing, whether the respondent will have temporary time-sharing and whether it will be supervised, and whether temporary child support will be ordered (Fla. Fam. L. R. P. 12.610(c)(1)(C)).
6. Later changes. Either parent can move to modify the injunction, and orders in a later family case under chapter 61 take precedence over inconsistent injunction terms (s. 741.30(1)(c), (10)).

What can each order say about the children?

The Fifteenth Judicial Circuit in Palm Beach County describes the same structure in plain terms: a temporary injunction can award temporary custody of minor children, and a permanent injunction can award custody, visitation, and child and spousal support. Palm Beach County's courts are described on our Palm Beach County page. The Seventeenth Circuit in Broward, described on our Broward County page, says its injunction orders may include time-sharing schedules and child support when the parties have minor children in common. The Eleventh Circuit says its case managers help the judges prepare time-sharing schedules; see our Miami-Dade County page.

What about repeat, dating and stalking injunctions?

The parenting plan and support provisions are written into the domestic violence statute, s. 741.30. The repeat, dating and sexual violence statute allows the court to restrain violence and order other relief needed for protection (s. 784.046(7)), and the Seventeenth Circuit says a stalking order will not address time-sharing or support. Under the repeat, dating, sexual violence and stalking statutes, a parent or guardian can file on behalf of a minor child living at home (ss. 784.046(2), 784.0485(1)(a)), and in a repeat violence case against the child's other parent the filing parent must have witnessed the events or have direct evidence or eyewitness affidavits (s. 784.046(4)(a)1.). How the types differ is explained in Florida's five injunctions.

What does the judge weigh?

The temporary parenting plan is decided "on the same basis as provided in s. 61.13," the statute that governs parenting plans, and the exchange-location decision turns on the child's best interests after the factors in s. 61.13(3) (s. 741.30(5)(a)3.). On whether an injunction should issue at all, the judge considers the listed danger factors, which include whether the respondent threatened to conceal, kidnap or harm the petitioner's children (s. 741.30(6)(b)3.). At the final hearing, Rule 12.610 allows the judge, with both parties' consent, to refer the details of these rulings to a certified family mediator, and any agreement is reviewed by the court before it becomes part of the order.

For a respondent, this means the children are argued with evidence like any other issue. The state courts' brochure for respondents says to bring copies of any other court orders between the parties, such as divorce, custody or child support orders, and proof of income if support is requested. A record of how the children's schedule has actually worked, school pickups, and who handled what, can speak to the s. 61.13 questions.

Does a criminal no-contact order change this?

It can. When there was also an arrest, explained on our domestic violence defense page, the criminal case brings its own release conditions. When a criminal court orders no contact, the defendant may not communicate with the alleged victim directly or through a third person, but if the two have children in common, the court may, at the defendant's request, designate a third person to contact the victim only to arrange the defendant's contact with the children (s. 903.047(1)(b)1.). That request is made in the criminal case. How bond conditions are set is explained in how bond works in Florida.

Can the time-sharing terms be changed later?

Yes. The Fifteenth Circuit says that if circumstances have changed and a party wants the judge to consider changing the custody, visitation or child support terms of an injunction, the party should file a motion, with the case number, hearing date and contact information. Either party may move to modify at any time (s. 741.30(10)). And when a divorce, paternity or other chapter 61 case is filed, its orders control inconsistent injunction terms on those matters (s. 741.30(1)(c)). The motion process is covered in how long a Florida injunction lasts, and how it can be changed.

What changes the answer?

• The type of injunction. Only the domestic violence statute provides for parenting plans and support.
• An existing parenting plan. If another court already set time-sharing, the injunction may change the exchange location (s. 741.30(5)(a)4.), and a chapter 61 order takes precedence over inconsistent terms (s. 741.30(1)(c)).
• Named family members. The 500-foot rule covers specified places frequented regularly by the petitioner and any named family or household member (s. 741.31(4)(a)2.), so a child's school can be on the list.
• Supervision. The final order states whether any respondent time-sharing is supervised (rule 12.610(c)(1)(C)(iv)).
• A criminal case. A bond no-contact condition applies on its own terms (s. 903.047(1)(b)).

A worked example

For example, take a hypothetical father in Coral Springs served with a temporary domestic violence injunction that gives the mother 100 percent of time-sharing for the 15 days before the hearing. He does not go to the children's school or call them on the mother's phone, because the order gives him no time-sharing yet. He brings the children's school calendar, his work schedule, and a record of how pickups were shared before the dispute. At the final hearing the judge decides whether to issue the injunction and, if so, whether he gets temporary time-sharing and whether it is supervised, with exchanges at a neutral location. Later, when a paternity case sets a parenting plan, that order controls inconsistent terms. The family is invented, and the example predicts nothing.

Common mistakes parents make

• Picking the children up from school because "it is my week" under an old schedule the injunction has replaced.
• Using the children to pass messages to the other parent, which can be indirect contact (s. 741.31(4)(a)5.).
• Bringing the children to the courthouse; the Seventeenth Circuit says children are usually not allowed in the courtrooms.
• Agreeing to an injunction without reading its time-sharing terms.
• Waiting for the injunction to end instead of asking the court, or the family court, to address the children.

What to do this week

1. Read every time-sharing, exchange and support term in the order.
2. Stop any contact with the children that the order does not allow.
3. Gather any existing parenting plan, custody or child support order.
4. Collect school calendars, pickup records and your work schedule.
5. Prepare proof of income if support has been requested.
6. If there is a criminal case, ask your attorney about a third person for arranging contact with the children.

Frequently asked questions

Can a temporary injunction take away all my time-sharing?

Yes, for its short life. The judge may give the petitioner up to 100 percent of time-sharing in a temporary parenting plan (s. 741.30(5)(a)3.), and the full hearing follows within 15 days.

Will the judge decide time-sharing at the final hearing?

If the judge issues a domestic violence injunction, Rule 12.610(c)(1)(C) requires rulings on the petitioner's temporary time-sharing and on whether the respondent will have time-sharing and whether it will be supervised.

Can I be ordered to pay child support in an injunction case?

Yes. A final domestic violence injunction can establish temporary support for a minor child or the petitioner on the same basis as chapter 61 (s. 741.30(6)(a)5.).

Does the injunction decide custody permanently?

No. Its parenting plan is temporary and lasts until the order expires or another court enters an order on the children (s. 741.30(6)(a)3.).

Where do exchanges happen?

When ordered, at a neutral safe exchange location or a location authorized by a supervised visitation program (s. 741.30(5)(a)3., 4.). The order names the place.

Is breaking a time-sharing term a crime?

Contact or presence the order forbids can be a violation under s. 741.31, explained in being accused of violating an injunction.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense in South Florida. When an injunction affects time with your children, there is often a related arrest or bond condition as well, and the two have to be handled together. He can review the order, any criminal case and the release conditions with you. Every case is different, and no result can be promised. The consultation is free, and you can call 24 hours at (561) 362-6677.

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