Under Florida law, Domestic violence is any assault, battery, stalking, false imprisonment, or criminal offense that results in the physical injury or death of a member of the family or household. See Florida Law 784.046. In cases where the two parties have children together, the accused can be prevented from communicating with the children even though there are no allegations of violence against the children if a Florida domestic violence injunction with minor children is issued. This is significant because it can help protect the children from domestic violence. On the other hand, innocent parents may be denied access to see and speak with their children if a Florida domestic violence injunction with minor children is put into effect by a court. If you are the victim of domestic violence or falsely accused you should contact an experienced family law attorney in Tampa for assistance.
Florida Domestic Violence Injunction with Minor Children
In a Florida domestic violence injunction with minor children cases, the judge must put the safety of the child and abused parent first, limiting the interactions between parties and requiring supervised visitation when necessary. Unreported domestic violence can also have a negative impact on future child custody cases as well. Failure to take action to protect a child from violence may have a negative impact in future divorce or child custody cases. See Florida Child Custody Law 61.13. Parents have a responsibility to protect their children; and Florida judges do not look favorably on parents who failed to report situations in which children were exposed to abuse and harmful influences.
False Florida Domestic Violence Injunction with Minor Children
Unfortunately, many people will file an untruthful Florida domestic violence injunction with minor children to try and prevent the other parent from having access to the children. If a false Florida domestic violence injunction with minor children has been filed against you contact a family law attorney for assistance. Too often, people falsely accused of domestic violence ignore the injunction. Failure by the accused to provide sufficient evidence in defense of the domestic violence claims will typically result in the injunction being granted. See Hickey v. Burlinson. An experienced lawyer can stand by your side in court and help provide the evidence necessary to convince the judge there is no merit to the allegations and that an injunction is unwarranted.
If you are a victim of domestic violence get help, don’t wait. An attorney can help with the legal process and navigating the court process but in many instances the police should be involved as well. If you are fearful for your safety contact the police, most often they are in a better position to help than a family law attorney can. Further, a Florida domestic violence injunction with minor children is more likely to be granted when police officers corroborate the claims of domestic violence.
Tampa Family Law Firm
Domestic violence is a serious matter and should not be taken lightly. Whether you are being falsely accused or need an attorney to help protect your safety Florida Law Advisers, can help. The domestic violence attorneys at our firm are passionate about these matters and have years of experience in these types of cases. To speak with a family law attorney at our firm call us at 800 990 7763, we are available to answer your call 24/7.