Family issues, especially divorce and contentious child custody battles, can bring out the worst in people. At times these issues can result in violence between family or household members or false or exaggerated claims of violence.
Domestic violence or false claims of violence can serious safety and legal implications. It is important for victims and falsely accused individuals to seek competent legal advice immediately, even if it is the first time the event occurred.
West Palm Beach Domestic Violence Lawyers
The attorneys of Quality Family Law understand divorce, child support, child custody, and other related family law matters can be emotionally taxing on a family. With professionalism and compassion, the attorneys of Quality Family Law will help your family through any civil matters resulting from domestic violence.
Quality Family Law assists clients with all aspects of domestic violence law, including protection orders or injunctions, violation of a protection order, and defending against domestic violence accusations.
They also assist individuals accused of domestic violence tackle the complications arise in family law matters, including protective order hearings, child custody disputes, and guardianship proceedings.
The West Palm Beach attorneys of Quality Family Law represent throughout Palm Beach County, including West Palm Beach, Palm Beach, Palm Beach Gardens, Boca Raton, Jupiter, Wellington, Delray Beach, Lake Worth, Palm Springs, North Palm Beach, Boynton Beach, and surrounding areas.
Contact Quality Family Law at (561) 693-3126 or submit an online form to schedule a confidential consultation.
Domestic Violence in Florida
Under Florida Stat. § 741.28 domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
A family or household member includes the following persons:
- Spouses or former spouses
- Persons related by blood or marriage;
- Persons who are presently residing together as if a family or who have resided together in the past as if a family; and
- Persons who are parents of a child in common regardless of whether they have been married.
With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Any person, either male or female, may be a victim of domestic violence. According to the National Coalition Against Domestic Violence (NCADV), 108,030 incidents of domestic violence were reported in Florida in 2013. Approximately 33 percent of women and 25 percent of men experienced some sort of physical violence by an intimate partner.
Protection Orders Against Domestic Violence
Protection orders also referred to as injunctions or restraining orders may be issued by a court to prevent an alleged abuser from threatening or harming the victim. There are several types of protection orders available in the state of Florida, including the following:
- Protection Order Against Domestic Violence
- Protection Order Against Repeat Violence
- Protection Order Against Dating Violence
- Protection Order Against Sexual Violence
Under Florida Stat. § 741.30 an injunction for protection against domestic violence in the following instances:
- Person petitioning or requesting the protection order is a victim of domestic violence
- Person petitioning or requesting the protection order has reasonable cause to believe he or she is in imminent danger of becoming a victim of any act of domestic violence
Depending on the circumstances, including history of violence, the likelihood of repeat violence, and several other factors, an injunction may be temporary or permanent.
A protection order can contain whatever provisions necessary to ensure the safety of the victim and other family and household members, including the following:
- Order the alleged abuser to stay away from the petitioners home, work, or school
- Order the alleged abuser to refrain from any contact with the petitioner directly or through a third party
- Order the alleged abuser to refrain from any threats, violence, or other actions which constitute domestic violence
- Order the alleged abuser to leave the residence shared with the petitioner
Effect of Domestic Violence Allegations on Family Law Cases
Allegations of domestic violence can detrimentally affect certain family law cases, particularly child custody cases. When the court orders a particular time-sharing arrangement and parenting plan the court considers the best interest of the child.
When determining best interest of the child the court can consider any factor which affects the physical, emotional, and mental well-being of the child. A parent’s past history of domestic violence or propensity for violence is considered when determining the best interest of the child.
The best interest of the child is a fact intensive determination based on several facts, so if you have been accused, charged, or convicted of domestic violence it is important to consult an experienced family law attorney to build the strongest case in support of your preferred child custody arrangement.
Quality Family Law ǀ Palm Beach County Domestic Violence Attorneys
Domestic violence and domestic violence allegations can seriously affect your family and related matters. It is important to consult an experienced Palm Beach domestic violence immediately regarding any domestic violence issues.
The team of attorneys at Quality Family Law compassionately and competently assist individuals and families with any domestic violence issues, including protection orders, violation of a protection order, defense of domestic violence accusations, and more.
Contact the Florida family law and domestic violence lawyers at (561) 693-3126 or submit an online form for a confidential consultation.
Both Partners are Martindale-Hubbell AV Preeminent® Rated in Legal Ability & Ethical Standards.
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