Domestic violence is a pervasive issue that can have far-reaching consequences, especially in the context of divorce proceedings. In Florida, where family law governs such matters, it’s essential to understand how domestic violence can affect the divorce process and the steps individuals can take to protect themselves and their rights. If you are a victim of domestic violence, seeking safety and legal assistance should be your top priority.

Once you’re safe, what do you need to know?

What is Domestic Violence?

Domestic violence encompasses a range of abusive behaviors, including physical, emotional, sexual, or financial abuse, perpetrated by one partner against another in an intimate relationship. In the context of divorce in Florida, domestic violence can significantly impact various aspects of the proceedings, including child custody, alimony, and property division.

One of the most critical considerations in cases involving domestic violence is the safety and well-being of the victim and any children involved. If you are experiencing domestic violence, your priority should be to ensure your safety and seek assistance from law enforcement or local support services. Once you are in a safe environment, speaking to a lawyer who specializes in domestic violence and family law is crucial.

Here’s how domestic violence can affect divorce proceedings in Florida and the importance of seeking legal guidance:

Impact on Child Custody

In Florida, the court’s primary concern in child custody matters is the best interests of the child. Domestic violence is a significant factor that the court will consider when determining custody arrangements. If one parent has a history of domestic violence, the court may order supervised visitation or restrict contact to ensure the safety of the child.

Alimony and Property Division

There are certain situations in which domestic violence can impact alimony awards and property division in divorce cases.

If the victim can demonstrate that domestic violence affected their ability to work or accumulate assets during the marriage, it may influence the court’s decisions regarding alimony and equitable distribution of marital property.

Additionally, victims of domestic violence may be entitled to protective orders or injunctions to prevent the abusive spouse from harassing them during the divorce process.

Legal Protections

Florida law provides various legal protections for victims of domestic violence, including restraining orders, injunctions for protection against domestic violence, and orders for temporary custody or support. These legal remedies can help ensure the safety of the victim and their children and provide a legal framework for addressing abusive behavior during divorce proceedings.

Criminal Charges

In cases of severe domestic violence, criminal charges may be filed against the abusive spouse. A conviction for domestic violence-related offenses can have significant implications for the divorce proceedings, including restrictions on parental rights, as well as the potential impact on alimony and property division.

Seeking Legal Assistance

Once you are in a safe environment, speaking to a lawyer who specializes in domestic violence and family law is essential. An experienced attorney can assess your situation, explain your rights and options, and help you navigate the legal process effectively. They can assist you in obtaining protective orders, filing for divorce, and advocating for your interests in court. Additionally, they can connect you with local resources and support services to help you rebuild your life free from abuse.

Speak to an Attorney

Domestic violence can have profound implications for divorce proceedings in Florida. If you are a victim of domestic violence, your safety is paramount. Once you are safe, seeking legal assistance from a knowledgeable attorney is crucial to protect your rights and navigate the legal process effectively. With the guidance of an attorney, you can pursue the legal remedies and protections available to you and work towards a resolution that prioritizes your safety and well-being.

If you need legal support with your divorce or you have questions about your specific situation, contact the Geller Law Firm at (813) 405-1509.