How Can Domestic Violence Influence a Divorce?

According to Florida statutes, domestic violence is defined 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.” In divorce cases, domestic violence may be the reason behind a divorce. It can also be brought about when one party has requested a divorce and the other party gets violent. In either circumstance domestic violence can have a very direct and important influence on a divorce.

As a victim of domestic violence it is important that you take effective measures to protect yourself, and your children from any future attacks. While obtaining a protective order may go a long way, addressing the fact of domestic violence in divorce proceedings can have a permanent impact on matters pertaining to child custody, visitation rights, spousal support and more. If it is fully established that your former partner is a danger to you or your children, it is likely that the abuser will face repercussions with regard to the ability to have access to you, your home, or your children.

In cases where one party has been falsely accused of domestic violence, in an effort to retain sole custody or use the court to punish the other person without basis, that can also have a direct impact on how the court will view the case and make a decision. False accusations must be challenged at once.

When domestic violence has occurred, it is critical that you take action to safeguard yourself and your children. Get obtain legal counsel from a seasoned Winter Springs divorce attorney who can act quickly to get a restraining order or order of protection in place. Our lead attorney has a unique perspective on family law and domestic violence cases through formally serving in the Office of the Public Defender. With his experience, insight and his personal dedication to providing clients with the highest quality service and legal representation, the firm has been able to help numerous people throughout Winter Springs and the surrounding areas with all divorce issues.

Domestic violence is an extremely serious matter. If you or your children have suffered from any form of domestic violence, whether physical or emotional, or merely threatened, we urge you contact John M. Iriye, P.A. immediately. This is the most important issue to get under control before moving onto other divorce issues, such as a divorce agreement or parenting plan. If you have been falsely accused of domestic violence and you are worried that it may affect your parental rights or other issue in a divorce, contact our firm at once. A Winter Springs divorce attorney from our firm will be able to review your circumstances and take fast action as necessary.