DOMESTIC VIOLENCE
Orlando Domestic Violence Lawyer
Over 100,000 crimes of domestic violence are reported in Florida every year, and countless more go unreported. Domestic violence is a very serious issue with lasting repercussions on the individuals and families involved. Charges of domestic violence can also have a lasting impact on important issues in a divorce or custody dispute. At the Law Offices of Michael R. De Canio, P.A., we take immediate steps to make sure children and adults alike are safe from domestic violence, while also ensuring that our clients in a divorce are treated fairly and adequately represented in any legal proceeding involving allegations of domestic violence.
Seeking Restraining Orders under Florida Domestic Violence Laws
Domestic violence in Florida includes any assault, battery, sexual assault, sexual battery, stalking or any other criminal offense which causes a physical injury, when the act is committed by a family member or member of the household. This includes ex-spouses as well as people who have a child in common, even if they have never been married.
A person who has been the victim of domestic violence or who is in imminent danger of domestic violence can go to court for an emergency protective order or temporary restraining order. These court orders can immediately restrain the alleged abuser from having any contact with the victim and be subject to arrest for violating the order. In addition, the judge granting the injunction can make any number of other orders against the alleged abuser, including:
- Ordering the alleged abuser to move out of the home, giving temporary possession to the alleged victim
- Establishing a parenting plan and time-sharing schedule for child custody and visitation, or modifying an existing plan
- Creating or modifying child support orders
- Ordering the alleged abuser to relinquish any firearms
- Ordering the alleged abuser to take a batterer’s intervention course
All of the above can be issued without any hearing or prior notice to the alleged abuser. A hearing must be held, however, within 15 days, to decide whether to continue the order or cancel it. At this hearing, the alleged abuser may appear with an attorney and challenge the injunction.
Challenging Restraining Orders in Florida Divorces
As you can see, a restraining order can greatly affect the way child custody and child support issues are handled, as well as the equitable distribution of marital property when one party is granted possession of the home and the other is ordered to move out. While we fully support victims of domestic violence and help them seek emergency protective orders whenever appropriate, when a restraining order is misused to gain an unfair advantage in a divorce proceeding, we act swiftly and vigorously challenge any such abuse of the legal process.
Seek an Experienced Orlando Family Law Attorney for Your Domestic Violence Matter
Whether you are seeking or challenging a domestic violence restraining order, it is important to be advised and represented by an experienced Florida family law attorney who fully understands how these matters may affect a related divorce, child custody dispute or other family law matter. In Orlando, contact the Law Offices of Michael R. De Canio for professional legal assistance.
CONTACT A SKILLED DIVORCE ATTORNEY IN ORLANDO
If you need help resolving a family law dispute while protecting your family's physical, financial and emotional well-being, contact the Law Office of Michael R. De Canio today for an initial consultation.
