If you’re a victim of domestic violence, the first and most important thing you can do is remove yourself and your children from the situation. Once you’ve gotten the distance you need, you can and should take immediate legal action to protect yourself.
What Qualifies As Domestic Violence in the State of Florida?
Florida’s laws define domestic violence as specified kinds of violence committed against members of a family or household.
Florida Statutes Title XLIII. Domestic Relations § 741.28 contains these definitions for domestic violence:
(2)“Domestic violence” means 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.
(3) “Family or household member” means spouses, 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.
How Can You Protect Yourself and Your Children?
The first step is obtaining a domestic violence injunction. If your injunction is granted by the court, your abuser is prohibited from contacting you in any form. This includes over the phone, by mail or over the internet. A domestic violence injunction can be granted by the court even if you haven’t filed for divorce. It can also be granted to individuals who haven’t reported their abuse to the police and haven’t pressed charges against their abuser.
How Does a Domestic Violence Injunction Protect You?
A domestic violence injunction can protect you and your children from further contact with your abuser in a variety of ways.
The court may decide to award you temporary exclusive access to the family home. You may be given temporary sole parental responsibility and custody. Your abuser may be ordered to attend counseling or batterer’s intervention courses. They may also be required by law to surrender any weapons they own.
You can obtain a petition for injunction for protection against domestic violence online or at any Florida courthouse.
Trusted Domestic Violence Representation in Florida
As a domestic violence injunction attorney, Laura Spencer Coleman can help you get the protection you need. Because domestic violence cases generally involve elements of both family law and criminal law, her 18+ years of experience as a lawyer handling family and criminal matters puts her in the right position to give clients the advice and protection they need. In addition to representing you in domestic violence injunction proceedings, we can help you get in touch with local resources devoted to helping victims of family violence. Contact us to schedule a consultation.
Have You Been Accused Of Domestic Violence?
If you have been served with notice of a pending domestic violence injunction against you, it is important to hire an experienced attorney to protect your rights. If you do nothing to defend yourself, the injunction can have serious consequences, including negatively affecting your job prospects and preventing you from obtaining a concealed weapons permit. It can also bar you from visiting your children or entering your home as long as the alleged victim is living there.
At the law office of Laura S. Coleman, P.A., we know that you are facing a very difficult situation, whether you have been accused of domestic violence or if you are a victim. We will not leave you wondering what is happening in your case. We make it a point of pride to return our clients’ calls as quickly as we can and to make ourselves as accessible as possible.
Contact Attorney Laura S. Coleman
To schedule a consultation to discuss your domestic violence matter, call us locally at (850) 626-8520. We look forward to speaking with you.