Florida Family Law · May 28, 2025

This morning, I was in court for a domestic violence return hearing. My client had just hired me over the weekend, and like many cases that come in quickly, I was learning important details in real time. What I discovered once I got to the courthouse is something I want to share — because it highlights a really important legal process that not everyone understands. In Florida, domestic violence cases are handled in a separate court from general family law cases. That means even if you’re already in the middle of a divorce, custody dispute, or parenting plan modification, a restraining order (called an injunction for protection against domestic violence) is handled in a different courtroom, often with a different judge. However, when both a domestic violence injunction and a family law case are pending between the same parties, the two cases are typically consolidated before one judge — most often the family law judge. This is done for consistency and efficiency, especially when the core issues involve parenting and time-sharing. In today’s case, the restraining order hearing had been set in front of the domestic violence judge. But because the other parent had already filed a request to modify their parenting plan, that case was moving forward in family court — and that meant the domestic violence hearing was in the wrong courtroom. It would need to be transferred and reset. But here’s where the courtroom magic happened — and by “magic,” I mean two lawyers being reasonable in the hallway. Instead of forcing the judge to rule on whether a restraining order was necessary, we worked out an agreement: both parties would stay away from one another through a no-contact order within the family law case. This gave everyone the breathing room they needed — no unnecessary litigation, no drawn-out testimony, and no need for emergency relief that wasn’t entirely appropriate. Here’s why this matters:

• Sometimes, what’s really happening isn’t an act of domestic violence—it’s high-conflict parenting that needs structured boundaries.
• A restraining order isn’t always the best tool when the real issue is co-parenting and communication.
• When lawyers work together and stay focused on the actual legal needs, we can move the case forward in a way that serves the family, especially the child.

In the end, we dismissed the domestic violence petition and put a temporary no-contact provision in place through the family law judge, where the real work of sorting out custody, decision-making, and time-sharing will take place. Legal Tip: If you have both a DV case and a family law case pending in Florida, talk to your attorney about whether your hearing is scheduled in the right division. These cases are often better handled together — and can sometimes be resolved without a formal hearing at all. Need help with a high-conflict co-parenting situation or domestic violence case? At Family Matters Law Group, we know how to navigate both sides of the courtroom — and we’re here to help you move forward with clarity and protection. 📩 Start here to get legal representation or advice 🧠 Want to learn how to handle your case yourself? Check out our DIY Legal Coaching & Education options: Explore our free & paid resources