DOMESTIC VIOLENCE

How does domestic violence affect my family law case?

The court will consider evidence of domestic violence or child abuse as evidence in your divorce case including child custody and alimony. This evidence will be considered whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence. However, you do have the right to file a petition to ask the court to issue an order called an injunction against a particular person, who has been physically violent with you, has placed you in fear of physical violence, or is stalking you.  If you need to get an injunction against someone it is highly recommended you contact an attorney.  Our attorneys have years of experience in obtaining restraining orders for our clients.

The purpose of an injunction is to legally prevent him or her from having contact with you by ordering him or her to stay away from your home, your car, your place of employment, and other places the court finds necessary. He or she is also forbidden to contact you by phone, in writing, by email, or in person. Injunctions can include other relief that the court feels is appropriate.

 

 

If you would like more information regarding domestic violence injunctions www.floridacts.org has created a brochure for petitioners that discusses many important issues, the injunction process and what to expect at a domestic violence injunction hearing.  The include civil injunctions against domestic, dating, sexual, stalking and repeat violence.

Is domestic violence considered in Florida Child Custody?

Domestic violence is a serious issue that affects how a Judge will determine each parent’s parental responsibility including time-sharing with the child, and decisions made regarding the child. In addition to domestic violence, Sexual Violence, Child Abuse, Child Abandonment, or Child Neglect can affect this.

It is Florida’s public policy that both you and your spouse share in the responsibility of raising your child and that your child has frequent and continued contact with both of you unless you or your spouse has been convicted of or has pending actions regarding regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

If this evidence is accepted by the court then it is considered a rebuttable presumption and that this is detrimental to the child. If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent.

Does domestic violence affect alimony in Florida?

Physical abuse such as domestic violence is treated in a similar manner as adultery when it comes to alimony in a divorce. Alimony is not granted or denied on the basis of punishing one party for an act of physical abuse. However, physical abuse can have an impact on the amount of alimony awarded. The party who physically abuses his/her spouse should be required to pay any medical bills resulting from said abuse, as well as provide assistance during the abused spouse’s recovery time.

 

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