Fort Lauderdale Divorce Lawyer Blog
When a couple that runs a business together decides to end their marriage, one spouse will frequently buy out the other’s business interests. In cases in which the relationship between the parties is contentious, the court may have to order the party that sold their shares not to interfere with the business operations. As demonstrated in a recent ruling issued in a Florida case, though, the court cannot completely stifle a party’s ability to communicate. If you want to end your marriage and you and your spouse own a business, it is smart to talk to a Miami divorce attorney to determine your options.
The Facts of the Case
It is alleged that the husband and the wife owned a marine towing business. When they divorced, the husband sold his shares in the business to the wife. They later entered into a post-judgment agreement that prohibited the husband from interfering with the wife’s business, which in part meant that he could not make disparaging remarks about it.
It is reported that the husband subsequently posted comments on his Facebook account disparaging the business, however, and the wife moved to enforce the agreement. The trial court entered an injunction that precluded the husband from making any posts on social media. The husband appealed, arguing that the terms of the injunction were overbroad and burdensome.
Injunctions in Family Law Cases
On appeal, the appellate court reversed the trial court ruling, explaining that a court should not issue an injunction that is broader than is required to protect the injured party in light of the specific facts of the case. Instead, injunctions should be sufficiently particular, especially in light of the fact that some activities that could be impinged by an overbroad order are proper and permissible.
The appellate court elaborated that injunctions should be tailored in a careful manner so that they only prevent the specific harms demonstrated and that they should constitute the least intrusive remedy that is likely to be effective. In the subject case, the appellate court readily concluded that the injunction was overbroad. While the injunction was intended to prevent the husband from interfering with the wife’s business, it clearly prevented him from posting anything on social media, regardless of what topic it addressed. Based on the foregoing, the appellate court remanded the matter to the trial court so that it could develop an injunction that precluded the husband from disparaging the wife’s business while not impairing the husband’s rights.
Discuss Your Case with a Dedicated Miami Attorney
The Florida courts can enjoin parties from taking certain actions in family law matters, but if their restrictions are overbroad, they may be reversed. If you wish to end your marriage, it is smart to talk to an attorney regarding your rights. The dedicated Miami divorce attorneys of the Law Offices of Sandy T. Fox, P.A., are adept at handling contentious divorce actions, and we can advise you of your options for seeking the best legal outcome possible under the facts of your case. We have an office in Aventura, and we regularly represent people in divorce cases in Miami. You can reach us through our online form or at 800-596-0579 to set up a conference.