Legal Question in Family Law in Florida
I was granted an Order of Protection for Domestic Violence that summed to the Temporal Order, has totaled 7 months of separation from my husband.
Due to issues with the person transporting my child for the supervised visitation, I filed a motion to modify and drop the no contact part of the order, to be able to handle the visitation with my husband, since my toddler was being exposed to dangerous situations.
The Judge said that when I initially filed, my affidavit was very detailed, extense, with pictures, and that it seemed to her that I was being pressured, so she DENIED the modification. I wonder if the fact that there are still criminal charges to be addressed had something to do.
I want to give my husband a chance and save our marriage. Can I just tell this to the Judge? What to do?
3 Answers from Attorneys
You answered your own question. You filed a motion to modify an order, the judge considered your motion and all the facts he or she had available, and made a decision to deny your motion. Your affidavit when you first asked for the order of protection was detailed and extensive. My guess is that your reasons for asking the judge to modify the retraining order were not as compelling as your reasons when you initially filed for the court's protection. It appears to me that you asked the court to modify the order based on what would be convenient for you. If the person you have transporting your child is exposing the child to danger, it's up to you to find someone else who is not the child's father, to handle the task. Certainly, if there are criminal charges pending against your husband, and those charges involve any violent behavior at all, you =should expect that fact to influence the judge's decision. Judges are extremely reluctant to modify protection orders unless there is a very compelling reason to do so.
Either you want the injunction or not you cannot have it both ways.
To follow up with Mr. Kaufman. Please think of the child's best interest. Are you really sure you want this child exposed to him. You sound like a battered wife and really could use some counselling. If you can not afford help check with Hubbard House in Jax FL to refer you.