Domestic violence

Published on: March 25, 2016

Should I Try to Get Sole Custody of My Children?

A major issue between parents who split up is who will get custody of their child. In many cases, if you do not particularly like the other parent or believe he or she may be irresponsible in some way, you may want to obtain sole custody rights. However, getting sole custody in Florida is extremely difficult.

In order to understand why this is the case, you should have a basic understanding of custody laws in Florida. First, there are two different aspects to child custody:

Physical custody: the time you spend with your child visiting you or living with you; and
Legal custody: the right to be a part of major decisions in the child’s life, including schooling, activities, religion, and medical care.

In Florida, physical custody is called “parenting time” and legal custody is often referred to as “parental responsibility.” How these rights are divided between parents is set out in a parenting plan that must be approved by the courts. Continue reading

Published on: March 4, 2016

Domestic Abuse is not Always Physical

by Alan Burton

When most people hear the term “domestic abuse,” they tend to think of an abusive spouse or partner who uses physical violence to control or dominate the other person involved in the relationship. While this type of violence certainly occurs and is a serious issue, abuse between spouses can take many forms, many of which are nonviolent. Importantly, whether or not domestic abuse has occurred can have a significant impact on the way that a divorce is resolved in terms of child custody, property division, and alimony, so it important for anyone going through a divorce to discuss the matter with an attorney in order to determine whether domestic violence has, in fact, occurred in a particular case. Some of the more common non-physical forms of domestic abuse are discussed below.

Emotional Abuse

Emotional abuse generally involves behavior that undermines a person’s self-esteem or results in a situation in which the abuser can exert significant control over the victim. This kind of abuse can include verbal threats, put-downs, yelling, humiliating, victim-blaming, isolating, and intimidation. In serious cases, victims of emotional abuse can develop serious psychological issues such as depression, anxiety, and post-traumatic stress disorder (PTSD). Continue reading

Published on: September 25, 2015

Bill Aims to Help Married Domestic Violence Victims in Florida

by Alan Burton

Domestic violence or the threat of violence can endanger the physical, emotional, and mental well-being of you and your children. Many victims of domestic abuse from a spouse are hesitant to leave their marriages out of fear of the potential retaliation from their spouse. Anyone who is fearful should be aware of legal tools in Florida that can help to protect victims of domestic violence and their children. For example, a protective order will legally prevent a spouse from coming near or contacting you or your children or they may face serious legal penalties.

If a victim of domestic violence does decide it is time to leave a marriage, it is understandable that he or she would want to legally dissolve the marriage as soon as possible. Some individuals run into difficulties, however, if they have only recently moved to the state of Florida. This is because Florida law requires you to live within the state for six months before a family court judge will grant you a divorce.

Bill to Make an Exception for Domestic Violence Victims

Published on: September 18, 2014

Domestic Violence Accusations Can Have a Serious Effect on your Life

by Alan Burton

Domestic violence is an extremely serious criminal offense in Florida. However, the consequences of domestic violence accusations or charges may reach far beyond the criminal courts. Such allegations may additionally affect any pending family law matters, as well as your personal and professional reputations. You may risk losing custody of your children or even your job. If you have been the victim of domestic violence, the safety of you and your children is at risk. For these reasons, all parties in a domestic violence case should always have an experienced family attorney handling their case.

Domestic Violence in the Sports Spotlight

In recent weeks, star running back Ray Rice of the Baltimore Ravens NFL team has made headlines due to allegations that he was physically abusive to his then-fiancée, now-wife Janay Rice. The NFL had originally suspended Rice for two games due to the allegations. This short suspension angered some advocates, however the NFL claimed they had no proof based on which to suspend him for a longer period of time.

Published on: August 25, 2014

The Role of Alcohol-Related Allegations in Family Cases

by Alan Burton

Alcohol abuse on the part of a spouse or parent may often lead to divorce, custody battles, or other events that may lead you into family court. Alcohol abuse, however, may cause unique issues to develop in your family law case, and it is always important to have an attorney who understands the effect that alcohol-related allegations may have on your case and life in general. Whether you are alleging alcohol abuse on the part of your spouse or you have been accused of drinking too much yourself, such allegations will likely play a large role in the strategy and logistics of your case.

Domestic Abuse Cases

Alcohol abuse is often linked with instances of domestic abuse. If you believe that your partner’s alcohol abuse has placed you or your children in immediate risk of harm, an attorney may help you apply for a temporary order prohibiting your spouse or partner from contacting you or your children. An order may also issue you temporary possession of the family home and temporary custody of your kids until you can have a formal hearing. At a formal hearing, a family law attorney can help you present evidence of your partner’s alcohol abuse and resulting threats or physical harm.

Published on: July 10, 2014

Domestic Violence Injunctions in Boca Raton

by Alan Burton

Few things are more frightening than violence or the threat of violence against you or your children. When that violence or threat comes from a spouse or member of your family, you may be even more afraid and not know how to protect yourself and your family. Fortunately, Florida law provides protections for residents who are victims of domestic violence in an attempt to keep them safe from their volatile family member. This protection comes in the form of an Injunction for Protection, and is often referred to as an order of protection or a restraining order.

What exactly is domestic violence?

Before you apply for an Injunction, you should be aware of the law’s definition of domestic violence. Florida law defines domestic violence as any of the following actions against a family or other household member:

Published on: January 3, 2011

Is a hearing required before a court can vacate temporary injunctions against domestic violence?

by Alan Burton

The issue of vacating temporary injunctions against domestic violence was dealt with in Schock v. Schock, 979 So.2d 1201 (Fla. 4th DCA 2008).

In this case the father had obtained injunctions against his child’s mother, along with another one against her boyfriend. The allegations made included neglect and abuse against his daughter. The duty judge found the allegations appropriate for the issuance of an injunction, that the child involved was the victim of domestic violence, and was in immediate and present danger, and he issued the orders accordingly.

In response to all this, the mother filed an Emergency Motion For Return of Child and Change of Custody in the dissolution of marriage action that had been filed. Two days after the mother had filed her motions, the trial judge assigned to the divorce case entered two orders vacating the injunctions that had been previously entered by the duty judge.