How Domestic Violence Allegations Affect Family Law Cases in Florida

Introduction

Domestic violence allegations can have a significant impact on family law cases in Florida, particularly in matters involving divorce, child custody, and restraining orders. The court prioritizes the safety and well-being of children and spouses, which means that accusations of domestic violence can influence legal outcomes in ways that may affect parental rights and time-sharing agreements.

This guide explains how domestic violence allegations are handled in Florida family law cases, how they affect divorce and custody proceedings, and what legal options are available for both accusers and accused individuals.

What Is Considered Domestic Violence in Florida?

Florida law defines domestic violence as any form of violence or abuse committed by one household or family member against another. This can include:

• Physical assault, battery, or threats of harm
• Stalking or harassment
• Sexual abuse
• Emotional or psychological abuse
• Destruction of property
• Unlawful restraint or intimidation

Domestic violence cases are taken seriously by Florida courts, and protective measures may be put in place while legal proceedings are ongoing.

How Domestic Violence Allegations Impact Divorce Proceedings

Florida is a no-fault divorce state, meaning that a spouse does not need to prove wrongdoing to obtain a divorce. However, when domestic violence is alleged, it can affect several aspects of the divorce, including:

• Alimony determinations – A judge may award additional financial support to a spouse who was a victim of domestic violence, particularly if the abuse impacted their ability to work or maintain financial independence.
• Division of marital assets – If one spouse used financial abuse or reckless spending as a form of control, the court may take this into account when dividing assets.
• Restraining orders – The court may issue an injunction for protection, preventing the accused spouse from contacting the victim or their children during the divorce.

Judges consider domestic violence when determining how to fairly resolve marital disputes, with a focus on protecting the victim from further harm.

The Effect of Domestic Violence on Child Custody and Time-Sharing

Florida courts base child custody decisions on the best interests of the child. If one parent has a history of domestic violence, it may impact their parental rights.

When domestic violence allegations are made, the court may:

• Limit or deny parental responsibility to a parent found guilty of domestic abuse.
• Order supervised visitation if the court believes that the child’s safety is at risk.
• Modify an existing custody arrangement to ensure that the child is not placed in a harmful environment.

If the accused parent can show evidence that they are not a danger to the child, they may be able to request modifications to custody or time-sharing agreements in the future.

Obtaining a Domestic Violence Injunction in Florida

Victims of domestic violence can seek legal protection through an injunction, also known as a restraining order. There are different types of injunctions available, including:

• Temporary injunctions, which provide immediate protection and can be granted without the accused being present.
• Final injunctions, which require a court hearing and can include long-term protective measures.
• Injunctions for protection against domestic violence, repeat violence, or stalking, depending on the circumstances of the case.

Violating an injunction can result in criminal charges, including jail time and fines.

Defending Against False Domestic Violence Allegations

Unfortunately, some individuals make false domestic violence allegations to gain an advantage in divorce or custody disputes. If a person is falsely accused of domestic violence, they should:

• Gather evidence to refute the claims, such as text messages, emails, or witness statements.
• Follow all court orders, even if they seem unfair, to avoid further legal trouble.
• Request a hearing to challenge a protective order if it was obtained under false pretenses.
• Work with a family law attorney to defend against allegations and protect parental rights.

False accusations can have serious consequences, including loss of child custody and damage to one’s reputation, so they should be addressed immediately.

What to Do If Domestic Violence Is a Factor in Your Family Law Case

If domestic violence has impacted your family law case, taking the following steps can help protect your rights:

• Seek legal assistance as soon as possible to understand your options.
• Document all incidents of abuse, including photos, medical records, and police reports.
• Request a restraining order if you are in immediate danger.
• Comply with all court rulings to avoid complications in your case.

How a Family Law Attorney Can Help

A family law attorney can:

• Represent victims seeking protective orders, child custody modifications, or divorce settlements.
• Defend individuals falsely accused of domestic violence to ensure their rights are protected.
• Gather evidence and build a strong case for or against domestic violence claims.
• Negotiate custody arrangements that prioritize the safety and well-being of the child.

At Bonderud Law, we understand the impact domestic violence can have on family law cases. Whether you need protection from an abusive spouse or are defending against false allegations, we are here to help. Contact us today for a free consultation.

Conclusion

Domestic violence allegations can have a profound effect on divorce, child custody, and parental rights in Florida. Courts prioritize the safety of victims and children, but they also recognize that false accusations can be damaging. Understanding the legal implications of domestic violence claims and working with an experienced attorney can help ensure a fair outcome.

If you are dealing with domestic violence-related issues in a family law case, seeking legal guidance can help protect your rights and your family’s future.