Domestic Violence in Florida
Family violence hurts children, families, victims, and communities. Whenever there are divorce cases or custody decisions for couples affected by domestic violence or family violence, Florida family law courts will give special attention to the history of domestic violence or abuse in the relationship and can consider an Application for Protective Order.
In Florida, “domestic violence” means 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.
“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. A judge may require the immediate removal of the abuser from the joint residence to protect the safety of other members of the household.
f you or a loved one has been a victim of family violence, contact a qualified Tampa domestic violence lawyer immediately. A compassionate Tampa family violence attorney will help you get the protection of the court for you and your family.
Family Violence, Custody, and Visitation by an Abusive Spouse in Tampa, Florida
A family judge in Tampa will take into account any evidence of abuse, sexual abuse, neglect, or other acts that negatively affect a child's health and welfare when considering an award of custody (parental responsibility). The judge may order an investigation of the home life and home environment of each of the parents in these cases.
Tampa family law judges can also consider a history of domestic violence when deciding whether to deny, limit, restrict, or require supervised visitation by the non-custodial parent. In a visitation case involving a history or pattern of domestic violence, the judge will not grant visitation rights to the party accused of domestic violence unless the court finds that the safety of the child and the parent who is a victim of family violence is protected. The judge may also order the abuser to attend a batterer's intervention program.
Tampa Protective Orders, Injunction For Protection Against Domestic Violence
In a relationship with a history of domestic violence, upon divorce, one spouse may need to apply for a protective order against the accused spouse. This is called an "Injunction For Protection Against Domestic Violence" in Florida. If the domestic violence has been against children, injunctions against the accused party may be filed for them as well. Florida authorities may also file for a protective order on behalf of the abused parties.
Tampa family courts can issue temporary ex parte injunctions or protective orders, which are granted without giving notice to the accused party. Any application for a temporary ex parte protective order must be signed under oath and must have enough specific facts that a court can find family violence. The court may order whatever temporary relief ex parte as it deems necessary to protect from violence the person asking for the protective order or a minor in the household.
The temporary injunction will take effect immediately after the alleged abuser is served with a copy of it. It lasts until a full hearing can be held or for a period of 15 days, whichever comes first. The court may extend the temporary injunction beyond 15 days for a good reason, which may include failure to obtain service for the accused person. Unless you have legal training and are familiar with the rules of the court and the rules of evidence, you will need an experienced Tampa family violence lawyer to guide you through this hearing.
Filing for an Injunction for Protection Against Domestic Violence in Florida is Free
No filing fees are required to file a petition for protection against domestic, repeat, dating, or sexual violence. Click to find instructions and a free form to file an injunction for protection against domestic violence from the Florida courts.
Caution: To prevent false applications for protective orders, many states fine a party for falsely reporting child abuse or domestic violence, and a false report can be held against you in future hearings in family court.
