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. If the two parties have children together, a Florida domestic violence injunction with minor children may be appropriate. If granted, the accused can be prevented from communicating with the children. The injunction even granted though there are no allegations of violence against the children. 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 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. If an injunction is issued it will limit communication between parties and can require supervised visitation. Unreported domestic violence can also have a negative impact on future child custody cases as well. Failure to report violence may have a negative impact in future child custody cases. See Florida Child Custody Law 61.13. Parents have a responsibility to protect their children.Florida judges do not look favorably on parents who fail 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. Often, these are filed to unjustly prevent the other parent from having access to the children. If a false injunction has been filed against you contact a family law attorney. Too often, people falsely accused of domestic violence ignore the injunction. Failure by the accused to provide sufficient evidence in defense will typically result in the injunction being granted. See Hickey v. Burlinson. An experienced lawyer can help provide the evidence necessary to deny the injunction.
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. However, 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 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.