As society has developed an increased awareness of domestic violence and its corrosive effect on families, our laws have become increasingly complex. Domestic violence results in physical injury, psychological trauma and sometimes death. Its impact upon children who witness it between parents or caretakers creates a strong risk of transmitting violent behavior from one generation to the next. In this area of the law, the criminal, civil and family law intersect which complicates procedures.
Under Florida law an injunction for protection against domestic violence begins with a victim’s petition for a temporary court order prohibiting contact by the alleged perpetrator. The petition must be sworn under oath and notarized. A judge reviews the petition to determine whether a temporary order should be entered prior to scheduling a hearing. The hearing on a domestic violence injunction, especially where there are minor children, is a serious and complex matter.
The use of false claims of domestic violence to gain litigation advantage, exclusive use of the marital home or sole parental responsibility of the minor children also carries long term consequences. One of the factors a court must consider when determining the best interest of the minor child in custody matters is whether a parent has made false claims of domestic violence.
Before you file an injunction or if you have been served with an injunction for protection, you should contact an attorney. The attorneys at Rice & Rose are experienced in presenting your case with an eye to the future and advising you of your rights and responsibilities under the law.
Posted June 10, 2014
