According to domestic violence statistics, domestic violence is the leading cause of injury to women – more than muggings, rape, car accidents combined. The vast majority of domestic violence incidents are never reported to the authorities and although a greater number of women are routinely the victims of domestic violence men are often the overlooked victims. Sadly over 10 million children worldwide witness domestic violence and like the victims themselves it leaves not just physical scars but emotional as well.
We recognize the pain and fear domestic violence causes. As well as the nuances of battered spouse syndrome. Our understanding of its impact on the family and our experience in seeking civil injunctions for the protection against domestic violence on behalf of our client’s is a subject we take very seriously.
Injunctions for the protection against domestic violence apply both within a divorce and unconnected to it. You do not have to be married to obtain an injunction or file for divorce. Florida also provides for injunctions in cases of sexual violence, assault, battery, stalking, and false imprisonment. The basic criterion to obtain an injunction is that the facts must show you have reasonable cause to believe that you are in imminent fear for your safety.
Aside from criminal courts Florida has special Domestic Violence Courts and Judge’s devoted to hearing domestic violence cases. As part of the divorce, the family Court Judge may also hear testimony about domestic violence. Injunctions can be granted on a temporary and permanent basis, include child support and timesharing provisions if appropriate. Often the batterer will be required to surrender any weapons, obtain counseling, supervised visitation if minor children are affected and be prohibited from contacting the victim at all.
As harmful as domestic violence is equally pernicious is the tactic of making allegations of “domestic violence” as a plan to oust a spouse from the marital home, alienate him or her from the children and force him or her to defend himself against the imposition of a domestic violence injunction. Resulting in significantly long-term effects on timesharing, employment travel, ability to possess firearms and possible criminal prosecution. We are equally mindful of claims of such domestic violence against our clients and are skilled at defending such allegations so your spouse does not obtain an unfair and hurtful advantage in a divorce.