Temorary Injunctions for Protection (Restraining Orders)

This is less of a question than a vent on my part.

I got a call today (Saturday) from a client who was on his way to his son's first football game. He and his wife separated about a year ago, have not gotten along that well since the separation, and have finally decided to divorce. She got a lawyer, and he hired me. They haven't gotten along well since the separation, but they have always agreed on issues regarding the kids.

She just received our answer to her petition for divorce, and, in our answer, we've asked for custody of their two kids. This isn't an idle request or a threat to gain leverage in the divorce; it really is in the best interest of the kids to live with their dad. I hear this really ticked her off.

Back to today. As he's walking out the door to go to the football game, something he's looked forward to for months, he's served with an Injunction for Protection. Most states call it a "temporary restraining order." As in most states, an Injunction for Protection is issued on the word of just one of the parties, almost always the wife. In this case, she swore before a judge in a written affidavit that he had hit her about five years ago, and she's still afraid of him because he got mad at her for picking up the kids five hours late last Sunday.

The result of the injunction is that he must now move out of the marital home and she can move in. She moved out a year ago and moved in with her dad and, he, having nowhere else to go, has remained in the house. He doesn't know where he'll go, especially on this short notice.

The next result is that he is denied his visitation this weekend, Labor Day weekend.

And, most importantly, and poignantly, he can't attend his son's first football game.

On Tuesday, we'll get to be heard by the judge. Based on her affidavit, I have little doubt we'll win.

I'm not against Florida's laws allowing for these injunctions. I've used them to help keep violent men away from women on many occassions. I've seen tremendous good come from these laws, and I'd oppose their repeal.

But that first football game will never be played again.