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As a Florida divorce lawyer, I want to share some of the important information I’ve learned about domestic violence in family law cases. As I explained in the above video, a domestic violence injunction provides the victims of domestic abuse with what is essentially a restraining order against the accused spouse.
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In Florida, the definition of domestic abuse includes assault, battery, sexual abuse, kidnapping, and any criminal offense resulting in physical injury or death of a household member. However, I have also encountered family law cases where a judge ruled in favor of an injunction even when no physical violence has been reported. Below I’ve outlined several cases that could result in a domestic violence injunction.
Verbal threats. During my time as a Florida divorce lawyer, I’ve seen cases where a verbal threat of violence is enough to warrant a domestic violence injunction. If a person has threatened to do harm to their spouse, other family members, or people closely associated with their family, their spouse should seek legal help to keep the threats – and the potential physical violence – from continuing.
Destruction of property. An individual who has destroyed his or her significant other’s clothes, phone, or other personal property can often expect to receive a domestic violence injunction. Threatening or injuring their pet can also serve as evidence of domestic violence.
False imprisonment. Preventing a spouse from leaving the house or calling law enforcement falls under the definition of domestic violence in Florida family law and is definitely grounds for an injunction.
Criminal history. A judge in a family law court will look at the history between spouses, as well as any criminal history in either spouse’s past. If it turns out a spouse has a criminal history involving violence or threats of violence, the judge may see this as a prediction of future violence – especially in the case of a divorce – and may rule for a domestic violence injunction.
Remember, if you’re unsure whether you should seek a domestic violence injunction against your spouse, contact an experienced attorney. A Florida divorce lawyer has the knowledge and resources to help you navigate this legal process.
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