You may be facing problems at home with issues of domestic abuse or spousal violence. While any form of abuse is grounds for legal procedures, you should understand all of the options available to you. You should have an understanding about when you need a lawyer and when you don’t. Certain problems may be solved out of court, while many need legal intermediaries to intervene on behalf of the victim. You may also find representation to press charges to the maximum degree, depending on the severity of the situation.
The legal definition of domestic violence
Although the definition of domestic violence is legally complex, the interpretation isn’t. All lawyers, judges, and attorneys understand the meaning of domestic violence and what falls under that bracket. It’s always helpful to understand the definition first-hand, so that you are legally prepared under all situations. If what has happened to you falls under any of these terms, then you have grounds to press charges against your spouse. Domestic violence Florida laws have stated domestic violence in the following way.
741.28 Domestic violence; definitions. –As used in ss. 741.28-741.31: “Department” means the Florida Department of Law Enforcement.
“Domestic violence” means 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.
Assessing the situation at home
If you have found that the situation at home is unlivable and toxic, then you should seek the right domestic violence lawyer near you. You should also assess the mental and physical health of your children, if any, and take action depending on the complete picture. If you’ve noticed the problem growing and the abuse increasing, then contacting a lawyer is the best option. You can talk to lawyers firsthand to understand domestic violence laws in your city/state.
Child custody laws and rights
Domestic violence Florida laws consider all possibilities before deciding to give responsibility to either parent. While terms such as “custody” and “primary residence” aren’t used in legal parlance, judges prefer focusing on responsibility and parenting. Your case will be reviewed holistically, with respect to your domestic violence claim. This means that the judge will look at every single factor that is involved in the case filed against your spouse. Judges will then decide, looking at all the facts in the case, whom to provide the child’s responsibility to.
Safety, confidentiality and protection
It’s important for your lawyer to understand the full extent of the situation that has occurred. That’s why it’s important for you to confide in them and explain the situation completely. You shouldn’t leave out any fact or incident, as everything can add to making a much stronger case for custody. You may also be provided secure housing, safety and protection under the law. Your attorney will be your confidant and will provide the right legal guidance in this situation.
Finding the right domestic violence lawyer
Setting up an appointment with leading lawyers in your area is the first step to help with your case. You should feel a connection with a premier lawyer and understand how they can help you. The law office of Paul H. Bowen, P. A. will be able to review your case effectively. Paul H. Bowen is a Florida State Bar certified attorney with over 30 years of experience handling family law and domestic violence. Set up your free consultation today, by calling us at (727) 773-1554.