Domestic violence in Florida should not go unreported. If experiencing domestic violence, it is important to first get yourself safe: call 9-1-1, your local domestic-violence hotline, or Florida Domestic Violence Hotline at 1-800-500-1119. Once you are safe, it is important to consult an experienced domestic violence attorney as soon as possible to protect yourself, your family members, and your assets protected. Conversely, if you are being falsely accused of domestic violence contact domestic violence attorney right away.
Domestic Violence in Florida
According to the Florida Coalition Against Domestic Violence, over 100,000 cases of domestic violence are reported yearly in Florida (counting calls to emergency hotlines). Many more incidents go unreported every year. Although the overall crime rate in Florida has been decreasing in recent years, the rates of domestic violence have remained the same. 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.
Injunctions/ No Contact Order
The importance of consulting a domestic violence attorney is crucial. There are many different charges and legal options to consider if experiencing domestic violence. See Florida Statute. Injunctions and restraining orders may be your first step in a domestic violence case. These are requested through a family court, although there is a similar “no-contact order” that exists in criminal court. Seeking a restraining order or injunction can protect against assault, threats, harassment, stalking, and other unwanted forms of domestic violence. When seeking this kind of protection, it is important not to plead what is known as “naked allegations,” but instead, include elements of fact to ensure you reach the necessary burden for the judge to rule in your favor. An experienced domestic violence attorney can help you do this.
Being Falsely Accused of Domestic Violence
Many accused claim the accusations are false and ignore the injunction. Failure by the accused to present evidence in defense of accusations will usually result in the injunction being granted. See https://scholar.google.com/scholar_case?case=7913636068833390731&q=doyle+v+owens&hl=en&as_sdt=40006Doyle v. Owens. However, if the accused does attend, which he or she has a right to do, the experience can be scary. Having a domestic violence attorney by your side to communicate with the judge, express the facts and need for protection succulently without intimidation by the accuser can be extremely valuable.
Florida 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 valuable experience. To speak with a Tampa family law attorney at our firm call us at 800 990 7763.