Hello, My wife is a diagnosed Bipolar with suicidal tendencies. In March she spent 3 weeks in a mental health research center in Kansas City, Mo, where her mom lives. 10 days ago I hired an attorney, with the intention of filing for divorce, and an emergency injunction for child custody. Here is why. My wife has developed a serious drug problem over the course of the last year, to add to her mental issues. I had assumed she was going to recieve treatment for that as well. It turns out that she convinced the doctors in this facility that she did not have a drug problem, so there was no treatment given in that area. The day after she came back, she took my three boys, aged 10,9, and 4 to an adult party where there was cocaine use. She had several drinks on her medication. She requested cocaine, but was refused because the people there knew she had just come from the hospital. When I confronted her with this, she basically told me that she was better now that she went through treatment, and could drink and use drugs as long as she did it in moderation, and if I could not live with that then I should leave. The next day I saw my attorney. The day after that I found her journal, started the day she left for Mo, in my bedroom. In her journal I discovered that she had multiple affairs over the years, including my sister's husband. More importantly, I discovered that her drug problem was much more severe than I had imagined. She confesses to stealing her dying grandmother's oxycotin, snorting it, and claims that "she needed it more than her grandmother did". She states her intentions in very black and white language to continue her drug habit, which she admits to point blank in her journal. She also planned to get rid of me and marry a gentleman (one of her affairs) who is a known cocaine dealer in my area. She slept with a fellow patient, smoked crack with him, and admits to stealing meat with him from a grocery store to exchange for more crack. On her trainride back to Jacksonville she admits to attempting to spend all her money on cocaine on a stopover, only to have it stolen. She also admits to requesting cocaine from her friend at that party, and her intention to continue to do drugs in the future. I go into this detail so you will understand my question. It has been 10 days and my lawyer has not gotten back to me with any information about a court date for the injunction. How long does this process take?
I cannot answer your question specifically to the laws of Florida as I am not licensed in that State. If you find drugs in the home or her purse, you can contact the police. Speak with your attorney before making that call. In my jurisdiction you can get a hearing on a temporary restraining order in twenty four hours. There are provisions for emergency orders that are heard without notice to the other party and the judge decides immediately. Your situation would not qualify for the emergency provision. Another avenue would be to file for a Child Order of Protection. They are usually served within a week of filing the request. In my jurisdiction if an ex-parte order is entered at that time, the police will escort her from the home immediately. She would be allowed to get some clothing and that is all. A hearing to determine if a Full Order of Protection should be entered is heard in two weeks from the date of service.