Orlando Domestic Violence Attorney
Domestic violence, including spousal abuse and child abuse, is a very real situation in Florida and elsewhere which affects vulnerable men, women and children of all backgrounds and socioeconomic status. Florida law enforcement agencies typically receive over 100,000 reports of domestic violence every year and make over 60,000 arrests. Florida law has strong protections in place for victims or potential victims of domestic violence, allowing parties to seek injunctions and restraining orders to stop or prevent violence against themselves or their children. The DeVoe Law Firm can provide you with an experienced family law attorney who will get you the right kind of help in your situation. Additionally, the DeVoe Law Firm can help you understand the implications of domestic violence in your Orlando divorce, whether you are the alleged victim or accused perpetrator of domestic violence.
Domestic Violence Does Not Require a Marriage Relationship
Domestic violence is a civil matter with criminal penalties for violation of an injunction or restraining order. Parties do not have to be married to be involved in a domestic violence dispute. Domestic violence can involve current spouses or former spouses, people who are currently in a dating relationship or were in one formerly, parents who share a child together, relatives and unrelated members of the same household. Florida law allows injunctions and restraining orders in the case of domestic violence, repeat violence, dating violence and stalking, including cyberstalking.
Domestic Violence Raises Special Concerns in the Context of Divorce
When domestic violence involves a married couple or children of a married couple who are divorcing, the consequences can go beyond instituting a “no-contact” order and authorizing jail time for violating a court order. Domestic violence injunctions can impact the very issues which lie at the heart of a divorce. For instance, a domestic violence restraining order can determine which parent has custody of the children and prohibit contact between the children and the other parent. An injunction can also order one spouse to pay child support or alimony. A restraining order can even impact the distribution of marital property by awarding residence of the family home to one spouse or parent. While these orders may be only temporary, the judge in a divorce may be inclined to continue the status quo for the sake of continuity, security and permanence in the children’s best interests.
Among the factors analyzed by a Florida court in deciding custody and timesharing are “Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.” Florida law also allows courts to consider “Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.”
Florida divorce law recognizes the importance of considering domestic violence when making custody decisions, but just as important is the fact that a spouse in a divorce may unfairly accuse the other of domestic violence or abuse in order to gain an advantage in the divorce. Orlando divorce attorney Michael P. DeVoe will provide strong, effective representation of your interests in court if you have been victimized by domestic violence or falsely accused of abusing your spouse or children.
Help is Available to Deal with Domestic Violence Issues in an Orlando Divorce
For smart, skilled and effective representation in an Orlando divorce with domestic violence issues implicated, contact the DeVoe Law Firm at 407-284-1620 for a free consultation with an experienced and successful Orlando family law attorney. If you are in a situation where you are being abused or fear for the safety of yourself or your children, get to a safe place and call 911 or the Florida Domestic Violence Hotline at 1-800-500-1119.