Domestic Violence on the Rise in South Florida
Recent economic times have influenced a spike in domestic violence cases in the South Florida Area. The Florida Family Law Clinic advocates that domestic violence never be tolerated, nor should false or exaggerated claims be filed to exploit Florida’s domestic violence laws in order to gain leverage in family law proceedings.
If you have been a party to domestic violence or feel that you are in a volatile situation that may result in domestic violence, it is vital that you contact an cheap domestic violence lawyer immediately to learn your rights.
Prompted by the Federal Violence Against Women Act, states have enacted stringent family violence laws and set up family violence courts and police procedures to respond to domestic violence. While domestic violence is criminal in nature, once a restraining order or injunction for protection has been filed, a civil case is initiated. If the domestic violence unit of the State Attorney’s office decides to move forward with filing criminal charges, they have 30-45 days from the date of the incident to do so.
Seek Sound Legal Advice For Domestic Violence Issues
Whether you are the victim or the accused, it is imperative to seek the legal counsel of an cheap domestic violence lawyer immediately in civil domestic violence cases. While the state does provide free emotional counseling, victim advocate programs, and various other support systems, consulting with a Florida domestic violence lawyer can expand the horizon of opportunities to protect yourself and your family.
The attorneys at FFLC can also help you defend against false accusations of abuse, and try to stop manipulative “victims” from abusing the system to achieve other, sometimes financial, goals. It is important to educate yourself regarding the steps you can take to help protect yourself from false accusations of domestic violence. If you feel litigation may be on the horizon, then it is time to speak with an cheap domestic violence lawyer in Florida who is knowledgeable in all aspects of Family Law issues.
A restraining order or protective order is a legal order issued by a state court, requiring one person to stop harming another. In Florida, you may qualify for an injunction for protection against domestic violence or an injunction against repeat, dating, or sexual violence. A Florida domestic violence lawyer will often advise either a victim or a falsely accused defendant to file for a temporary injunction for protection against domestic violence, especially if a criminal No Contact Order has not been issued.
Typically, the court grants a temporary injunction for protection against domestic violence or restraining order that is valid for 15 days. Within that time frame, the court will set a date for a hearing before a judge to make the order permanent. If the petitioner or respondent do not attend this hearing, the attending party’s request will automatically be granted.
In domestic violence cases where a minor child is involved, the state of Florida mandates that the Department of Child and Family Services (DCF) conduct an investigation. Whether the child was seriously injured or not during the incident, the child can still be a victim, and the child’s safety is considered of the highest importance. For this reason, minor children are often included in a Temporary Restraining Order (TRO). A knowledgeable and affordable domestic violence lawyer will advise that either parent take all appropriate measures to protect the child from their abuser. Failure to comply with DCF could result in the child being taken from both parents and placed in foster care until the case is resolved.
Many clients are not aware that any statements, depositions or testimony given in an injunction proceeding can be used against them in criminal court proceedings if the case goes to trial and vice versa. A Florida domestic violence attorney with the FFLC will advise you as to your legal rights to protect or defend yourself in these cases. Our competent and low cost family law attorneys will guide you through a strategy to place you in an advantageous position related to other family law issues such as divorce, asset distribution, child support, and time sharing (custody and visitation).
You Are Not Alone. We Can Help.
The complicated issues surrounding domestic violence matters can be extremely challenging. Let us help. We offer a free initial telephone consultation — just call 954-354-7470 for information. For your added convenience, we also offer evening and weekend appointments, and we accept all major credit cards.