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Preventing domestic violence from derailing your divorce

On Behalf of | Jul 23, 2015 | Domestic Violence

Domestic violence is destructive for spouses forced to endure it and it unnecessarily hinders the proper development of any children who may also be involved. Sadly, we previously wrote about how wide-ranging incidents of domestic violence are throughout the country. It’s estimated that as many as 25 percent of all women and 10 percent of men have experienced incidents of domestic violence. It’s important to know that those numbers are probably actually higher due to the fact that many victims simply do not report violence conducted against them.

That being said, it’s easy to understand why Florida courts have adopted such a very proactive stance against preventing domestic violence. Currently, the threshold to obtain restraining orders based on allegations of domestic violence is intentionally easy to overcome. No court wants to be in a position where a person requesting protection from his or her attacker is subsequently harmed after being denied. Ironically, this also increases the risks that some spouses going through divorce might use domestic violence allegations as a cudgel against their innocent opponents.

You need to know that a family law attorney experienced in Florida’s domestic violence prevention laws can assist you in several ways. For example, an attorney can accompany you and challenge your spouse’s domestic violence allegations at your formal restraining order hearing. A good strategy might be to highlight the absence of any prior domestic violence incidents before the commencement of divorce proceedings.

Alternatively, if you are indeed a victim of domestic violence, the last thing you need is to have your attacker’s attorney remove the protections preventing you and your children from being harmed. You need the assistance of your own attorney who will argue the merits of maintaining an existing protection order and perhaps even extending it for some time.

Our law firm currently represents people on both sides of the aisle in domestic violence cases. We can help clients and either situation regardless of whether they are seeking protection from their attackers during their divorces or fending off false allegations. Based in Miami, we currently provide clients with experienced family law legal support throughout the greater Miami-Dade County region. Prospective clients should also know that we offer free initial consultations regarding domestic violence related matters. Hablamos Español.