Criminal law attorneys with Silverman and Mack, LLC in Gainesville, FL, work hard to ensure that you gain the legal assistance required to deal with a domestic violence case in the State of Florida. Contact us to schedule a free initial consultation today.
How Is Domestic Violence Defined?
Domestic violence is defined as a series of abusive behaviors in any type of relationship. In most cases, it involves intimate couples who have an unequal distribution of power. One partner may subject the other partner to emotional, physical, sexual, or financial abuse to exert control and dominance over him or her.
Florida Statute § 741.28 defines domestic violence as an 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.
The statute describes “household members” as spouses; former spouses; individuals related by blood or marriage; individuals who are presently residing together as a family; individuals who have resided as a family in the past; and parents of a child in common. With the exception of parents who have a child in common, family or household members must either currently reside together or have resided together in the past.
Forms Of Domestic Violence
Domestic violence is a serious issue that does not discriminate against race, gender, ethnicity, religion, and sexual orientation. When domestic violence occurs within households, it can have devastating effects on every individual involved. Children, for example, often experience difficulty with adjusting to social life and navigating the world after witnessing and/or experiencing domestic violence. They may also be prone to depression, overall unhappiness, fear, and even suicide. Some of the side effects and consequences of domestic violence are permanent and irreversible. The following details a number of the types of domestic violence.
Physical Abuse
- Forcing alcohol and/or drug usage upon partner
- Pushing, shoving, hitting, attacking, biting, punching, etc.
- Throwing objects
- Cruel and unusual forms of “punishment”
- Abuse resulting in bruising, physical pain, or medical attention
Sexual Abuse
- Forcing a partner to any form of sexual intercourse
- Sexual exploitation
- Uses harmful objects and/or tools during sex to cause pain
Emotional Abuse
- Name-calling
- Sabotaging a partner’s relationships
- Isolation
- Dehumanization
- Constant criticizing
- Jealous and possessive behaviors
Financial Abuse
- Withholding funds
- Preventing one from attending work, school or volunteering
Frequently Asked Questions About Domestic Violence
Domestic violence refers to any sort of willful neglect, intimidation, battery or assault against one spouse from another. It involves violent acts within the home, including neglect, isolation, control, financial exploitation, emotional abuse, sexual abuse, and physical abuse. Although domestic violence is seldom an isolated incident, it only takes one incident for domestic violence to occur. If you are a victim of domestic violence, contact a domestic violence attorney as soon as possible.
What Do I Do If I’m In Danger Due To Domestic Violence?
If you are in danger, you need to do everything that you possibly can to place yourself in a safe area. You should always report a domestic violence incident with the local authorities, even if your injuries are minor. If your life is at risk, call 911 immediately. There are also several domestic violence hotline services that you can rely upon for housing and other services. Upon encountering a safe zone, you should gain medical care and visit our law firm for domestic violence victims.
How Can I Protect My Children From Domestic Violence?
If domestic violence occurs within your home, your children are likely in danger. There are hundreds of cases and studies that suggest that if a spouse is willing to attack his or her partner, it is also possible for the same individual to abuse a child. In order to prevent this, you may wish to allow a relative or loved one to handle or take care of your children until you are able to remove yourself from the home and the violent partner.
What Is An Injunction?
An injunction, a common type of restraining order, is an authoritative warning or court-enforced order that prevents an individual from contacting another person. An injunction against your partner will prevent him or her from being near you. This is meant to prevent further abuse.
How Do I File An Injunction?
Filing an injunction is simple. You will need to file a petition for injunction with the appropriate court of law. You should include documentation of proof, such as police reports, medical reports, and photographs to support that domestic violence has occurred by a particular individual. Contact our Gainesville attorneys today for assistance with filing an injunction.
How Much Time Do I Have To Respond To An Injunction?
You should respond to an injunction as soon as possible. For the designated period of time — usually 14 days — you will not be allowed to contact the alleged victim. However, you must respond to the injunction so that a hearing can be scheduled.
Will An Injunction Affect My Rights?
Yes. Your general rights of mobility may be affected since you will not be allowed to contact the victim. Your rights to spend time with any children may also be impacted in efforts to promote child welfare and security.
For more information on steps to take as a domestic violence victim or respondent, contact Silverman, Mack & Associates for a free initial consultation today.
How Do I File A Restraining Order?
The process of filing a restraining order is synonymous with the process of filing an injunction. File your petition with a local courthouse. Upon reviewing the materials that you submit, the judge in authority will immediately grant you a 14-day restraining order. This will prevent your partner from contacting you. Then, a hearing will be scheduled so that you may present your case (for a permanent restraining order and other requests).
Who Is The Respondent In A Domestic Violence Case?
In a domestic violence case, the respondent is the person whom the injunction is filed against. In other words, the respondent refers to the abusive partner. After you file an injunction and the respondent is notified, he/she will have the right to obtain legal defense.
Do I Need A Lawyer To Defend My Domestic Violence Case?
Yes. Domestic violence charges have serious implications and consequences.
What Should I Do If I’m Charged With Domestic Violence?
We recommend that you hire an attorney as soon as possible. You will need a strong defense. In the event that an injunction is placed against you, it is advisable to follow the court order and to avoid contact with the alleged victim under all circumstances.
