We are the gold standard for protecting your now and your future.
At Winthrop Law Offices, we consider domestic violence to be a horrific matter. Our Florida domestic violence attorneys can help our clients obtain the legal protection they need. Alternatively, as a false accusation of domestic violence can have a detrimental effect on your relationship with your children and other areas of your life, we provide our clients zealous advocacy when they have been falsely accused.
Domestic Violence in Florida
Florida Statute Ann §741.28 defines domestic violence as “any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” These criminal offenses include:
- Aggravated assault
- Aggravated battery
- Sexual assault
- Sexual battery
- Aggravated stalking
- False imprisonment
The definition of “family or household member” is very broad and includes:
- Former spouses
- People related by blood or marriage
- People who are currently residing together as if family
- People who have resided together in the past as if a family
- People who are parents of a child in common
Florida Statute Ann §741.28 addresses remedies available to victims of domestic assault. The initial remedy is customarily an injunction, which many people refer to as a restraining order. An injunction for protection against domestic violence can protect against most if not all forms of domestic violence. The petitioner or the respondent to the injunction order may petition the court at any time to have the injunction modified or terminated. Also, should the terms of the injunction order be violated, it may be enforced through either a criminal or a civil proceeding.
Effects of Domestic Violence on Child Custody & Visitation
Although it does not come into play as grounds for divorce as Florida is a no-fault state, a history of domestic violence can have a detrimental effect on your ability to obtain custody (timesharing) or even spend any time with your children. Florida Statute Ann §61.13(2)(c)(2) states “evidence that a parent has been convicted of a misdemeanor or higher… involving domestic violence creates a rebuttable presumption of detriment to the child.” However, the statute then states that a conviction is not necessary for the court to consider evidence of domestic violence as being detrimental to the child. This means, even without a conviction, if a judge believes the evidence that domestic violence has occurred, they may use that as a very negative restriction/limitation on timesharing. The child’s best interest is always the top priority for judges when deciding on child custody.
If you are a victim of domestic violence or have been accused of domestic violence, we can help. Contact our office at (561) 264-5197 today and speak with one of our Florida domestic violence attorneys.