Domestic violence is a serious and often hidden issue that affects families across all demographics, including military households. The unique dynamics of military life—including frequent relocations, deployments, mental health challenges, and hierarchical command structures—can complicate both the occurrence of abuse and the legal pathways available to survivors.
When domestic violence occurs within a military family, the legal remedies and protective strategies may differ significantly from civilian cases. In Florida, addressing abuse in a military context requires a careful understanding of both state family law and the specific military protocols that may affect how cases are handled. A Tampa divorce attorney must be prepared to navigate this intersection of jurisdictions, ensuring the safety of victims, the enforceability of protective measures, and the fair adjudication of custody and divorce issues that may arise as a result of the abuse.
Defining Domestic Violence Under Florida Law
Under Florida Statutes §741.28, domestic violence includes any assault, battery, sexual assault, stalking, kidnapping, or other criminal offense resulting in physical injury or death committed by one family or household member against another. This definition applies to both civilian and military families alike.
Importantly, Florida law also recognizes the following behaviors as falling under the umbrella of domestic violence:
- Emotional or psychological abuse
- Coercive control
- Isolation from family and friends
- Destruction of property
- Threats against children or pets
These patterns of behavior are often intensified in military households where stress, trauma, and long absences can impact family stability. A Tampa divorce attorney can assist in documenting these behaviors and pursuing protective relief in both civilian and military forums.
Jurisdiction in Cases Involving Military Families
Jurisdiction plays a crucial role in determining which court will hear matters involving domestic violence. In military families, this becomes more complex because the service member may be stationed in a different state, country, or under federal jurisdiction on a base.
In Florida, civilian courts retain jurisdiction over:
- Injunctions for protection against domestic violence
- Divorce and custody proceedings
- Temporary parenting plans and child support
- Enforcement of family law orders
The military may also initiate disciplinary action under the Uniform Code of Military Justice (UCMJ), but such proceedings do not replace the need for action in civilian court. A Tampa divorce attorney must coordinate across jurisdictions to ensure that the victim is protected and that court orders are fully enforceable both inside and outside the military context.
Seeking an Injunction for Protection in Florida
A victim of domestic violence may petition the court for an injunction for protection—commonly known as a restraining order. This process is available to military spouses and does not require the filing of divorce.
To obtain an injunction, the petitioner must demonstrate:
- That an act of domestic violence occurred, or
- That they are in imminent danger of becoming a victim
The process typically involves:
- Filing a petition with the court
- Receiving a temporary injunction (often the same day)
- Attending a final hearing within 15 days
Injunctions may include provisions for:
- No contact between the parties
- Temporary exclusive use of the marital home
- Temporary custody of children
- Temporary child or spousal support
- Firearm surrender
A Tampa divorce attorney can help draft the petition, present evidence at the hearing, and ensure the injunction is properly served—especially when the respondent is an active-duty service member residing on base or stationed elsewhere.
Military Protective Orders (MPOs) vs. Civil Injunctions
In addition to civilian protective orders, military commanders may issue a Military Protective Order (MPO) against a service member accused of abuse. MPOs are:
- Administrative orders issued by commanding officers
- Designed to prevent contact with the victim
- Enforced on military installations
- Typically short-term and not valid off-base
While an MPO can offer immediate protection within the military environment, it does not provide the full range of protections available under Florida law. A Tampa divorce attorney should always pursue a civilian injunction in addition to any MPO issued to ensure that the survivor is protected at all times and in all places.
Impact of Domestic Violence on Divorce Proceedings
Domestic violence allegations or convictions can have a significant impact on divorce proceedings, particularly in the following areas:
- Parental Responsibility: Florida courts prioritize the child’s best interests. Evidence of abuse may lead to sole parental responsibility being awarded to the non-abusive parent.
- Time-Sharing: Courts may suspend or limit time-sharing for an abusive parent, require supervised visits, or deny contact altogether.
- Alimony: Evidence of domestic violence may influence alimony awards, especially if the victim suffered financial or physical harm.
- Property Distribution: While Florida follows equitable distribution principles, misconduct—particularly if it involves financial abuse or destruction of marital property—may influence how assets are divided.
A Tampa divorce attorney can gather and present the appropriate evidence to ensure the court fully understands the impact of abuse on both the victim and the marital relationship.
Protecting Children in Military Domestic Violence Cases
Children are often the hidden victims of domestic violence. Whether they witness the abuse directly or experience the emotional fallout, exposure to family violence can have long-term developmental effects.
Florida courts take these concerns seriously and may issue temporary or emergency custody orders to remove children from harm. In military families, special considerations include:
- Relocation due to deployment or re-assignment
- Parenting time during leave or block periods
- Communication when one parent is overseas
- Coordinating with Family Advocacy Program (FAP) professionals
A Tampa divorce attorney must advocate for a parenting plan that prioritizes the child’s safety while ensuring that parental rights are exercised only under conditions that protect the child’s well-being.
Military-Specific Resources for Victims of Domestic Violence
The military has established programs to support victims of domestic violence, including:
- Family Advocacy Program (FAP): A command-based program responsible for assessing and treating domestic abuse. FAP offers counseling, case management, and victim advocacy.
- Victim Advocate Services: Confidential support and safety planning for spouses or partners who have experienced abuse.
- Restricted and Unrestricted Reporting Options: Victims may choose how much information is shared with military command, depending on their desire for confidentiality and legal action.
These resources can complement—but do not replace—civilian legal protections. A Tampa divorce attorney works alongside military advocates to ensure the survivor receives comprehensive support.
The Effect of Domestic Violence on Custody for Deployed Service Members
When an accused abuser is an active-duty parent, deployment can affect the court’s analysis of custody and parenting rights. Florida law does not penalize parents for military service, but domestic violence allegations introduce unique concerns:
- Courts may temporarily suspend parenting time during deployment if safety concerns exist.
- A guardian ad litem may be appointed to investigate the child’s best interests.
- Reunification plans may be required before parenting time is restored after deployment.
A Tampa divorce attorney can structure parenting plans that balance military obligations with the overriding priority of the child’s physical and emotional safety.
Documenting Abuse in a Military Context
Proving domestic violence in a military family may require different evidence than in civilian households. Useful forms of documentation include:
- Reports from military police or base security
- Statements from commanding officers or military investigators
- FAP assessments and treatment plans
- Photographic or medical evidence
- Text messages, emails, or voicemail threats
Victims should also maintain a private record of incidents and consider making a restricted report through a military victim advocate if they are not ready to pursue formal charges. A Tampa divorce attorney can help assemble admissible and compelling documentation for use in both protective order proceedings and family law litigation.
Interplay Between Military Discipline and Civil Family Law Proceedings
If a service member is facing disciplinary action under the UCMJ for abuse, it does not preclude the survivor from seeking relief in Florida family court. However, coordination between the two systems is essential:
- Military commanders may delay or condition leave based on legal proceedings.
- Courts may need to issue orders authorizing remote testimony for deployed personnel.
- A conviction or administrative sanction may influence custody and divorce outcomes.
A Tampa divorce attorney works closely with base legal offices and military representatives to ensure both systems operate effectively and that family court orders are enforced regardless of the service member’s location or status.
Contempt and Enforcement of Protective Orders
Violating a Florida protective injunction is a criminal offense. If a service member violates an injunction, consequences may include:
- Arrest and prosecution in civilian court
- Contempt of court and sanctions
- Military discipline, including demotion or discharge
- Suspension of firearms privileges
Enforcement may be more complex when the abuser resides on base or overseas. A Tampa divorce attorney can file motions for enforcement, coordinate with military police, and request assistance from the appropriate military command to ensure compliance with all orders.
Financial Support and Economic Protections
Economic control is a common tactic in abusive relationships. Florida courts can issue temporary orders for:
- Spousal support (alimony)
- Child support
- Exclusive use of vehicles or homes
- Access to joint bank accounts or credit lines
In military families, additional financial protections may include:
- Direct deposit of support from military pay
- Garnishment of BAH (Basic Allowance for Housing) or other entitlements
- Orders issued under the Uniformed Services Former Spouses’ Protection Act (USFSPA)
A Tampa divorce attorney can petition the court for financial relief tailored to the military pay structure, ensuring that survivors are not left without necessary resources.
Deployments and Time-Sharing Restrictions Following Abuse
Florida law allows courts to modify or suspend parenting time if a parent poses a threat to the child or the other parent. If abuse has occurred, courts may:
- Require supervised visitation
- Prohibit overnight time-sharing
- Limit communication to monitored platforms
- Condition reunification on counseling or anger management
These restrictions can extend through and beyond deployment. A Tampa divorce attorney helps ensure that time-sharing conditions reflect the history of abuse and are appropriate for the child’s developmental needs and emotional security.
Safety Planning for Military Survivors of Domestic Violence
Beyond legal protections, safety planning is essential for victims leaving an abusive military relationship. Steps may include:
- Securing confidential housing or relocation orders
- Updating emergency contact information
- Requesting base access restrictions for the abuser
- Changing financial account passwords
- Applying for a Florida Address Confidentiality Program (ACP)
A Tampa divorce attorney works in conjunction with victim advocates and domestic violence shelters to create safety plans that are practical, enforceable, and sensitive to the needs of military families.
Negotiating Divorce in Cases Involving Military Abuse
When abuse is present, the divorce process must prioritize the victim’s security while resolving matters such as:
- Division of military pensions
- TRICARE eligibility for former spouses
- Survivor Benefit Plan (SBP) elections
- Time-sharing and relocation requests
- Confidentiality of contact information and residence
Negotiation is not always possible when abuse has occurred, but where it is, a Tampa divorce attorney uses strong legal leverage and protective orders to structure settlement discussions in a way that does not further endanger the survivor.
FAQ: Domestic Violence in Military Families
Can a civilian court issue a restraining order against a service member?
Yes. Florida courts have full authority to issue protective injunctions against active-duty military personnel. These orders are enforceable regardless of the service member’s duty station.
What is the difference between a Military Protective Order (MPO) and a civilian injunction?
An MPO is issued by a commanding officer and is enforceable only on military installations. A civilian injunction is issued by the court and enforceable statewide and across jurisdictions.
Will reporting domestic violence affect the service member’s military career?
It may. Depending on the circumstances, disciplinary actions could include loss of promotion, reassignment, or separation from service. However, safety and legal rights must take precedence.
Can I get custody of my children if my military spouse was abusive?
Yes. Florida courts consider domestic violence when awarding parental responsibility and time-sharing. Abuse may lead to sole custody or supervised visitation.
Can I get financial support from my military spouse during or after divorce?
Yes. Florida courts can award temporary and permanent alimony and child support. Military pay and benefits are subject to garnishment or direct deposit orders.
What if the service member is deployed and can’t attend court?
Courts may allow remote testimony or reschedule hearings. In emergency situations, Florida courts can issue temporary orders even in the service member’s absence.
Can I remain on base or keep my military ID after divorce?
Eligibility for base privileges and TRICARE depends on the length of the marriage and military service. A Tampa divorce attorney can advise on entitlements under the USFSPA.
Can I include military pensions and benefits in my divorce settlement?
Yes. Military pensions and other benefits are subject to division under Florida law. Proper language must be included in the divorce decree to secure enforcement.
How do I get help from the military if I’m being abused?
You can contact the Family Advocacy Program, speak with a victim advocate, or report the abuse to base law enforcement. You can also file for a civilian injunction simultaneously.
Should I hire a Tampa divorce attorney if I’m in a military marriage and experiencing abuse?
Yes. Military domestic violence cases require a combination of civilian legal expertise and familiarity with military regulations. A Tampa divorce attorney ensures your rights are protected at every level.
The McKinney Law Group: Divorce Representation for Busy Tampa Professionals
If you’re balancing a demanding schedule, you need a law firm that works efficiently and respects your time. At The McKinney Law Group, we help Tampa professionals navigate divorce with discreet, strategic legal support tailored to their needs.
We help with:
✔ Scheduling consultations around your availability
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✔ Property and asset division involving professional income
✔ Low-conflict divorce solutions when possible
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Call 813-428-3400 or email [email protected] to work with a divorce lawyer who understands your schedule.