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01/10/2014
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Domestic Violence & Abuse

Domestic Violence and Abuse

Whether it is a criminal or civil case, domestic violence and domestic battery cases are taken extremely seriously in the Florida legal system. In a criminal case, Florida will decide whether or not to proceed with the case, even if the victim decides to drop the charges. The Florida court system has special prosecutors that handle domestic violence cases. Furthermore, a domestic battery conviction cannot be expunged from a criminal record and impacts weapons rights and many other aspects of life.

Domestic violence includes many forms of abuse, including:

  • Physical
  • Sexual
  • Emotional
  • Economic
  • Psychological
  • Threats
  • Stalking

A domestic violence victim can be a spouse, dating partner, family member, child, or cohabitant. It is vital to seek legal counsel if a protective order is needed for a victim or if there has been an arrest for an alleged domestic violence charge. Experienced family law and criminal defense lawyers can provide strategic and resolute action for or against the charges to protect the client’s rights and those of any children involved. Alba & Straile PLLC represents clients in legal proceedings involving domestic violence and abuse for civil or criminal actions. We can ensure that our client’s legal rights are protected to the fullest extent possible.

Impact of Domestic Violence and Abuse in Family Law Proceedings

It is first helpful to understand how the court defines domestic violence and abuse in a family law proceeding such as a divorce, child custody, child support, or visitation. While the court will consider allegations of domestic violence and abuse, the plaintiff must establish the factual basis of such allegations. There must be a history of domestic abuse or reasonable cause to believe that a party is in imminent danger of becoming a victim of domestic violence. It is important not to confuse domestic violence findings in a family law proceeding with a victim seeking an injunction for protection. A finding of domestic violence for injunction purposes is not necessarily a prerequisite to a finding of domestic violence in a family law proceeding.

Domestic abuse and violence issues can profoundly affect a family, both for the victim and other persons that may be directly affected by the presence (or allegations) of domestic abuse. Many are unaware that domestic violence issues can also significantly affect the processes and procedures involved in family law proceedings. Parties to a dissolution, custody, support, or visitation proceeding need to resolve their disputes. However, the parties must take a distinctive approach during the resolution process for matters that involve domestic violence or abuse issues.

Legal Advocacy for Victims and those Falsely Accused

As a party to a family law proceeding involving domestic violence issues, it is essential that you protect yourself and your family.  Domestic violence may affect the legal processes involved in a dissolution, support, custody, or similar family law proceeding. For example, suppose the court discovers a history of domestic abuse. In that case, you may be exempt from mandatory mediation, attendance at parenting coordination, or other requirements that would force contact or interaction between the parties. Issues of domestic violence can also affect determinations concerning forced communication between a parent and child. In fact, under Florida law, the court is required to consider a history of domestic violence before ordering electronic communication between a parent and child.

Many other potential results can occur upon a finding of a history of domestic violence. In some cases, a history of domestic violence will allow for expedited enforcement of a child custody determination. Also, the court can consider domestic violence as a risk factor in determining whether a party may violate a parenting plan. For example, there may be concerns about a parent removing a child from this state or concealing the whereabouts of a child. The court will assess the need for a bond or other security. In addition, the court may decline to exercise jurisdiction if it is determined that the court of another state is more appropriate to protect the interest of the parties and child.

We are your Trusted Florida Family Law and Criminal Defense Attorneys

With decades of combined practice experience,  Alba & Straile PLLC will fight for your rights every step of the way. The firm handles domestic violence, domestic battery, and the resulting divorce and injunction cases in Florida. For legal representation in a case involving domestic violence and abuse, call for assistance from Alba & Straile PLLC.

Our legal team is results-driven and committed to providing our clients with compassion, attention to detail, and ease of attorney accessibility.  Our  domestic violence and abuse attorneys provide our clients with the sound legal representation necessary to effectively and efficiently address all of their domestic violence-related needs. We represent clients throughout Florida. Contact Alba & Straile PLLC at (352) 371-9141 at their Gainesville, Florida offices  for a  consultation today.