Florida: Criminal No-contact Order Does Not Protect My Child. Can I Park My Car At Their Daycare To Prevent Pickups?
Location: Florida
I am the victim of domestic battery. My spouse was arrested. Despite our child being in my arms at the time of the incident, they are not listed as a victim on the criminal no contact order.
DCFS is involved and has determined that our child is in imminent danger and has established a safety plan requiring a 3rd party be present at all times.
Our child goes to daycare, but since they are not listed on the NCO, daycare cannot prevent my spouse from picking up. My spouse has nothing better to do than camp out at daycare all day waiting to see if our child attends. This means the child is home and another adult must be present with us 24/7. This is ridiculously inconvenient and unsustainable long term due to other adults having jobs and lives.
I filed for an emergency injunction but it was denied and a hearing set. I don’t have high hopes. If my spouse picks up our child, they will withhold them from me as long as legally possible.
Can I get into legal trouble if I were to park my car at the daycare and leave it there? My spouse is not allowed within 2500ft of my vehicle so if he attempted to pick up our child he would be violating the NCO. It’s not ideal and I hate to be playing games like this but I am desperate and the only working adult in the household. Thank you.
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