DOMESTIC VIOLENCE – ORLANDO DIVORCE ATTORNEYS
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Domestic Violence – Orlando Divorce Attorney
We represent people throughout the Orlando and Central Florida area in divorce and domestic violence cases. If you are involved in a divorce case that involves domestic violence issues, call us today to speak with an experienced Orlando domestic violence attorney and divorce lawyer. At the Wilson Law Firm, we work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.
Domestic Violence Definition:
Florida Statute 741.28 defines domestic violence as 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 of one family or household member by another family or household member.
An injunction may be entered by the Court if there is reasonable cause to believe that the spouse or child who is either the victim of domestic violence as defined in Florida Statute 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.
Determining Reasonable Cause:
In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the Court will consider and evaluate all relevant factors including:
1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
2. Whether or not the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
3. Whether or not the respondent has threatened to conceal, kidnap, or harm the petitioner’s child or children.
4. Whether or not the respondent has intentionally injured or killed a family pet.
5. Whether or not the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
6. Whether or not the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
7. Whether or not the respondent has a criminal history involving violence or the threat of violence.
8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
9. Whether or not the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
10. Whether or not the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence.
False Accusations of Domestic Violence:
It some cases a spouse may allege domestic violence when none has occurred to try to gain an advantage in the divorce proceeding as to the exclusive use of the residence or in regards to the children. Courts are familiar with these unsavory tactics and they should never be used. Typically the spouse who makes a false accusation will only have a short term reward in the form of a temporary injunction, and will have ultimately harmed their case and the child far more by having made the false accusation.
Florida Domestic Violence Statutes:
Speak with an Orlando domestic violence attorney and divorce lawyer today or review the following Florida Statutes for some more information on Domestic Violence Injunctions and Divorce law in Florida:
Florida Statute 741.28 – Domestic violence; definitions
Florida Statute 741.30 – Domestic violence; injunction; powers and duties of court and clerk; petition; notice and hearing; temporary injunction; issuance of injunction; statewide verification system; enforcement; public records exemption
Experienced Orlando Domestic Violence Attorney & Divorce Lawyer:
Attorney Joel Wilson has over 15 years of experience and has handled thousands of cases during his legal career. He understands both the legal and emotional issues involved in divorce and family law cases and is an experienced trial attorney. While most divorce cases do not result in a trial, there are some that will, and when a case cannot be resolved except by trial, you will want an experienced trial attorney to present your side of the case in a persuasive and effective manner. In many cases, people who fail to seek legal representation later discover that they have made critical mistakes, due to a misunderstanding of the law and how it relates to their unique situation, which have devastating consequences in regards to alimony, their children or financial situation. At the Wilson Law Firm, we work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.
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Domestic Violence and Divorce – The Wilson Law Firm provides a free initial consultation with an Orlando divorce attorney and Orange County Florida family law lawyer. Call us today to speak with an experienced Orlando divorce attorney about the legal process and your rights.