West Palm Beach Domestic Violence Lawyer
We understand that our clients have come to us to assist them in resolving delicate matters. When it comes to domestic violence cases, every issue is addressed with sensitivity and understanding.
An act of domestic violence occurs when a spouse, former spouse, relative by blood or marriage, or a parent of a common child places one in imminent threat of physical or bodily harm, or such an act has occurred.
The alleged respondent may have the right to request an injunction. The alleged assailant has the right to proper notice and a hearing to dispute the allegations. During this difficult time, you need to be certain your rights are being upheld and that the attorney you choose is being as aggressive as necessary and working to pursue or defend your interests.
Defining Domestic Violence In Florida
Under Florida Statute § 741.28, domestic violence is any criminal offense against a family or household member by another member, resulting in physical injury or death. Even if a couple is no longer living together, any form of violence against the other can be treated as domestic violence. These matters intersect with divorce and child custody disputes and are taken seriously by Florida courts.
In general, domestic violence can involve:
- Married couples
- Former spouses
- People related by blood or marriage
- People who currently reside together as a family
- People who have previously lived together as a family
- People who have a child, regardless of whether they have lived together
Common actions that constitute domestic violence in Florida include:
- Assault, battery and sexual acts: Threats of violence, physical harm and any form of sexual assault or coercion.
- Physical restraint or harm: Acts such as stalking, aggravated stalking, kidnapping or false imprisonment.
Florida courts consider evidence of domestic violence when determining the best interests of the child in child custody and visitation. Our domestic violence lawyer can assist in gathering evidence and presenting it to the court to help ensure you and the children are protected.
What Is An Injunction For Protection?
An injunction for protection (IFP), commonly known as a restraining order, is a court order designed to protect individuals from violence. Under Florida law, an injunction can:
- Prohibit all contact, including calls, texts, emails and in-person communication
- Require the respondent to leave a shared residence
- Establish temporary custody and visitation arrangements
- Provide temporary child support or spousal support
In Florida, there are various types of protective injunctions, including:
- Domestic violence injunction: It applies to family or household members
- Repeat violence injunction: It requires at least two incidents of domestic violence
- Sexual violence injunction: Orders can be granted following incidents of sexual assault
- Dating violence injunction: It protects individuals in recent romantic relationships
- Stalking or cyberstalking injunction: It addresses repeated harassment, including online stalking
Our family law attorneys can gather evidence, such as text messages, emails, photographs and witness testimony. Afterward, we help you file a petition for an injunction with the Clerk’s Office for immediate protection.
Schedule A Consultation With A Florida Domestic Violence Lawyer Today
Domestic violence, especially in divorce and child custody matters, can be deeply personal. At NAPNAME, we understand how such matters can affect your family. When you hire our firm, you will deal with board-certified family law attorneys.
Whether in West Palm Beach, Palm Beach County or across Florida, call us at [561] 655-1901 or fill out our online form to schedule a consultation.