Understanding Domestic Violence in Florida
Domestic violence can include a range of abusive behaviors, including sexual, emotional, physical, and financial abuse, perpetrated by one family or household member against another.
In Florida, domestic violence is addressed under the Florida Statutes Chapter 741.28, which defines domestic violence as any false imprisonment, assault, aggravated assault, battery, aggravated stalking, sexual assault, stalking, sexual battery, kidnapping, or any criminal offense resulting in physical injury or death of one family or household member by another. One primary legal tool that can help victims of domestic violence is the restraining order.
Understanding Protective Orders and How They Work
Protective orders, also known as restraining orders, are legal documents designed to protect individuals from domestic violence. In Florida, these orders can be obtained by those who have been victims of abuse or violence at the hands of a family member or household member.
A protective order typically outlines specific provisions that the abuser must follow, such as staying away from the victim’s home or workplace. In Florida, protective orders are issued under the requirements of the Domestic Violence Prevention Act. These orders can provide various forms of relief, including restraining the abuser from contacting or coming near the victim, awarding temporary custody of children to the victim, and ordering the abuser to vacate the shared residence. Violating a protective order can result in severe consequences for the abuser, including possible arrest and criminal charges.
Determining Custody in Cases with Domestic Violence
Florida courts prioritize the child’s best interests when determining an order for custody. As a result, they often consider factors such as the child’s safety, emotional well-being, and stability.
When one parent has a history of domestic violence, it can significantly impact custody decisions. Florida law recognizes the potential harm of exposing children to domestic violence and provides mechanisms to protect them. Courts may order supervised visitation or even restrict the abusive parent’s access to the children altogether if deemed necessary to ensure the children’s safety.
Furthermore, Florida law prohibits courts from considering evidence of domestic violence as a factor in determining parental responsibility or time-sharing if the violence was directed solely at the other parent and not in the presence of the child. This provision aims to prevent the abuser from using allegations of domestic violence as a tactic to gain an advantage in custody proceedings.
How Domestic Violence Can Affect a Divorce Case
Domestic violence is a critical factor considered by the courts in divorce cases. The presence of domestic violence can influence several aspects of the divorce process, primarily concerning the safety and well-being of the victimized spouse and any children involved.
Domestic violence can have a significant impact on the division of marital property during divorce proceedings. In many jurisdictions, including Florida, courts follow equitable distribution principles, aiming to divide marital assets and liabilities fairly between the spouses.
However, in cases involving domestic violence, the court may deviate from a strict application of equitable distribution. The victimized spouse may be awarded a larger share of the marital assets, including the family home, to provide financial security and stability, particularly if they have been economically disadvantaged or forced to leave the marital residence due to the abuse.
Furthermore, courts may consider the dissipation of marital assets by the abusive spouse as a factor in property division. If the abusive spouse has squandered marital funds on legal fees, substance abuse, or other expenses related to the abuse, the court may offset this dissipation by awarding a greater share of the remaining assets to the victimized spouse.
Importance of Working with an Experienced Attorney
When dealing with domestic violence, child custody, and divorce in Florida, it is crucial to work with an experienced attorney who understands the complex nature of family law. An experienced attorney can provide invaluable guidance on navigating the legal process, including obtaining protective orders and securing your rights in custody agreements.
An experienced child custody attorney in Neptune Beach will have a deep understanding of the laws surrounding domestic violence and divorce in Florida, allowing them to craft a personalized strategy tailored to your specific situation. They can help you gather evidence, file necessary paperwork correctly, and represent you effectively in court proceedings.
Moreover, an experienced Florida family law attorney can anticipate challenges during your case and offer solutions to protect your interests. Having a knowledgeable advocate by your side can protect your rights throughout the legal process.
Partnering with an experienced child custody attorney in Neptune Beach is essential for achieving a favorable outcome in cases involving domestic violence and divorce. Their experience surrounding these complex claims can make all the difference in ensuring your voice is heard, and justice is served.
Call Our Florida Family Law Attorney Today
At Griffin Family Law, our main priority is providing compassionate and effective legal services to guide you through the challenging divorce filing process when domestic violence and child custody are factors. With extensive experience serving clients in Neptune Beach, our attorney, Mr. Griffin, has the knowledge and dedication to help you achieve the best possible outcome for your case.
While hiring a child custody attorney in Neptune Beach may not be necessary for every complex divorce case, it can significantly benefit those complicated by domestic violence and child custody situations. Let us ease your burdens and assist you in making well-informed decisions during this difficult time. Contact our team today to see how we can help you navigate the legal process with confidence and peace of mind.
