Domestic violence is a specialized emergency matter which is governed by statute and rules that establish the procedure to be followed by the divorce attorney or family lawyer. Our West Palm Beach divorce and family law firm is highly experienced and is ready to represent you with knowledge and compassion when domestic violence is involved in a divorce and family law matter.Establishment of Basis for Domestic Violence.
The basis for an action for domestic violence is provided in Florida Statute Section 741.30 (1). A rule provides for injunctions for domestic violence. The victim’s right to petition for a domestic violence injunction is not affected by the person having left a household to avoid domestic violence.
"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 number by another who is or was residing in the same single dwelling unit.
The petitioner must certify under that he or she was the victim of, or has reasonable cause to believe he or she is in a bit of danger of becoming victim of any act of domestic violence.Effects of Domestic Violence on Children
Domestic violence potentially involves both civil and criminal aspects which must be considered. Violence, itself, provides unique issues for the divorce and family lawyer. If there are children of the marriage, domestic violence may involve juvenile dependency court.
An experienced divorce and family law attorney must understand the very complex requirements of the domestic violence law to explain the grounds and procedure to obtain a domestic violence injunction. A victim of domestic violence must have reasonable cause to believe that he or she is in imminent danger of becoming victim of domestic violence in order to be entitled to the judge. Fear alone, without any other substantiation is not enough for the entry of the domestic violence injunction.
An experienced divorce and family law attorney must have expertise not only representation of the client in court, but in identifying and understanding violence issues concerning the client and the effects on the children. Children are often the victims of domestic violence. Their behavior will often single domestic violence issues. Our firm is sensitive to the sides as the client is consulted. Infants may have sleep and digestive disturbances and excessive crying, irritability. Toddlers and preschoolers may be more aggressive or withdrawn, then other children. School-age children have problems in school and may be more aggressive or withdrawn than other children. Teenagers have problems in school or cut school, run away from home or have nightmares and complain of physical ailments.
Any person who knows, or has reasonable cause to suspect a child is abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for the child's welfare must report such knowledge. If the children were present during the domestic violence the Department Of Children and Families hotline, 1-800-96-ABUSE, should immediately be contacted.
Please call an experienced West Palm Beach divorce attorney at (561) 833-2772 or contact us online for a consultation.