familylaw

Domestic Violence

Domestic Violence is defined as the following: Any 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 to one family or household member by another family or household member.

 

Family and household members include: spouses, persons related by blood or marriage, persons who are presently residing together as in a family or who have resided together in the past as in a family and persons who are parents of a child in common regardless of whether or not they have been married.  It does make the exception that when persons have a child in common, the family and household members must be currently residing or have resided together in the past in the same dwelling unit.

 

Florida Statute §741.30 allows a person to seek an injunction for protection against domestic violence based upon a sworn petition if he or she is the victim of domestic violence and/or has reasonable cause to believe that they are in imminent danger of becoming a victim of any domestic violence. This is a statutory remedy which can and does exist separate and apart from any other domestic proceeding that might be pending.

 

Domestic violence is a very serious matter with serious ramifications and may very well affect the outcome of any timesharing situation.  Whether you are seeking a domestic violence injunction or defending one, it is highly recommended you seek the advice of an attorney. Paul has helped both those seeking and defending injunctions.