West Palm Beach Domestic Violence Lawyer
Domestic violence is a serious crime that can result in civil repercussions as well as criminal charges. In Florida, victims of domestic abuse can petition family law courts to order an offender to keep his or her distance. My name is William Wallshein, and I am a West Palm Beach domestic violence lawyer with over three decades of experience practicing law, and most of that time as a family law attorney. I have helped domestic violence victims get the legal protection their family needs. I understand the strength it takes to make that first step to come forward and take action, and I am dedicated to making sure my clients feel safe from domestic violence.
Family Violence Offenses in South Florida
For an act to qualify as “domestic violence” in Florida, two things must be shown. First, the offender must have committed an act or made a threat. Second, that act must have been committed against someone with whom the offender has had a familial relationship. Acts of family violence are not always actually violent and can include a number of different situations. In Florida, the following are classified as acts of domestic violence:
- Stalking or aggravated stalking
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual battery and assault
- False imprisonment
- Kidnapping
- Other criminal offenses that result in physical injury or death
Not all instances of family violence result in criminal charges, but there still may be civil family law remedies against the accused, such as a restraining order or domestic violence injunction. Other possible consequences include loss of custody, a criminal record affecting employment opportunities, and loss of access to the family home.
Acts of domestic violence are committed when the victim has a familial, or family-like, relationship with the aggressor. Under Florida law, relationships that qualify include:
- Spouses, including former spouses
- Blood relatives
- Those living as a family together, either presently or in the past
- Individuals who have a child together, irrespective of marital status
Since victims of domestic violence share this familial bond with their aggressor, they are often hesitant to receive the help they need. Consulting a compassionate attorney regarding your legal options is an important step to take in protecting your family.
Seeking a Restraining Order
Domestic violence victims, or those in fear of imminent danger, may file a petition in court to seek a restraining order. Restraining orders can be temporary or permanent, and they require the named individual to remain a specific distance away from the victim. To get a permanent restraining order in family court, the party petitioning the court must usually show that he or she has been a victim of domestic violence, or that it is likely to occur. Temporary restraining orders, however, may be granted without a hearing. The victim may enter sworn pleadings to get a temporary restraining order, which is only effective for 15 days but can be extended.
Domestic Violence & Child Custody
Generally, Florida law presumes that parents share the right to custody of their children unless there is reason to believe that it would not be in the child’s best interests. One unfortunately common reason that this may occur is if one parent has committed domestic violence. Florida courts understand the detrimental effect that domestic violence can have on children and do their best to protect children from harm. An understanding West Palm Beach domestic violence & child custody lawyer can help you keep yourself and your child safe from domestic violence.
Domestic Violence Defined
Florida law defines domestic violence as violence against a family or household member. This includes:
- Spouses or former spouses;
- Relatives by blood or by marriage;
- People living together as a family; and
- Couples who have a child together, regardless of relationship status.
Custody
There are two types of custody in Florida – legal custody and physical custody. Legal custody is the right to make decisions for the child, such as in the areas of health care, religion, education, etc. Physical custody concerns visitation and where the child lives.
When making a custody determination, Florida courts begin by presuming that the parents should share custody, unless that will be detrimental to the child. If a parent has been convicted of a domestic violence crime, this creates a presumption that it would be detrimental for that parent to have custody. The parent then has the burden of proving otherwise.
A conviction is not required, however, to change a custody decision. The court will take any evidence of domestic violence into account. At the beginning of any custody proceedings, the parents must inform the court of any domestic violence occurrences, injunctions, or terminations of parental rights with other children.
Before the court makes its custody decision, there will be a hearing to determine whether there should be any contact between the parent and the child. The court must ensure that the child’s emotional and physical safety and wellbeing are not in danger.
Supervised Visitation
If an abusive parent is granted visitation, the court may order supervised visitation. This means that a trained supervisor will be present at any visitation to observe the parent’s interactions with the child. After a time, the court may modify the parenting plan to stop the supervision. The court may order that abusive parent pay the costs of the supervisor.
Termination of Parental Rights
In extreme cases, the court may terminate a parent’s parental rights. A judge may terminate parental rights when the parent:
- Is a career criminal or habitual felony offender;
- Is a sexual predator;
- Has been convicted of first or second degree murder;
- Has been convicted of first degree felony sexual battery;
- Has committed aggravated child abuse or sexual abuse against the child; or
- Conspired with or hired someone to commit the murder of the other parent or another child.
The court will also consider the parent’s relationship with the child, the child’s age, the parent’s criminal history, and other relevant factors when making this decision.
Domestic Violence Injunctions
October is Domestic Violence Awareness month. The state of Florida has made a commitment to protect victims and survivors of domestic violence and ensure that they receive the right treatment and protection from abusive spouses or family/household members. If you or a loved one has been a victim of domestic violence, it is important to speak with an experienced West Palm Beach domestic violence lawyer.
Domestic Violence in Florida
In Florida, domestic violence means any type of assault, aggravated assault, sexual assault, stalking, kidnapping, false imprisonment, or any abusive criminal violent act that leads to serious harm or death of a member of a household by another member of the household or family member. Florida defines family member or household member to mean any person that is a current or former spouse, any person who is related by blood or marriage, anyone who resides in the house together as a family unit (or in the past resided together as a family) in a shared domicile, persons who are co-parents for a child regardless of whether the couple were legally married.
Criminal and Civil Proceedings for Domestic Violence Cases
Allegations of domestic violence are treated as a criminal matter and are dealt with through the criminal process. Any person who has been identified as a victim of domestic violence or there is a reasonable belief that he or she may be in imminent danger of being a victim of domestic violence, the court may file for an injunction for protection against domestic violence. These injunctions may be temporary or permanent, and if there is a belief that a victim is in imminent danger of abuse (or further abuse and violence), the injunction may be expedited and stand until the circuit court may hear the merits of the case.
Injunctions for Protection Against Domestic Violence
Injunctions for protection against domestic violence include all details surrounding the domestic violence and/or any imminent threat of becoming a victim of domestic violence. It includes the personal identification information of both the victims and the abuser, as well as, any physical description of the abuser. A person may seek to obtain an injunction not only if he or she has been a victim of domestic violence, but certain details may show that there is a threat that he or she may become a victim of domestic violence. Such details include the injury or killing of a family pet, a criminal history of physical violence or the threat of physical violence, past injunctions for protection against domestic violence, any attempts to injure, kill, stalk, or intimidate the family or friends of the target of domestic violence, among other factors.
Purpose Behind Injunctions
The injunction serves the role of establishing a temporary respite from the abuser, restraining the abuser from any acts of domestic violence or threats of acts of domestic violence, temporarily redrafting the parenting plan and time-sharing schedule where a child is involved, temporarily establishing child support from the abuser until the matter can be resolved more permanently, awarding the exclusive use and possession of the family home to the victim and excluding the abuser from the home, among other actions that the court deems appropriate to take.
After the Injunction has been Filed
Once an injunction has been filed, a hearing will be set up for the case at the earliest time possible. If the court finds that a person was a victim of a domestic violence or is in imminent danger of becoming a victim of domestic violence, the court may take more permanent civil actions against the abuser, as well as, associated criminal penalties for any abuse that can be proven beyond a reasonable doubt in a court of law. As for family matters, the victim may receive full custodial rights of the minor child and may receive payments from the abuser for maintenance. Depending on the circumstances of the case, the court may even terminate parental rights of an abuser.
Treatment Programs for Victims of Domestic Violence
In Florida, the law requires that programs formed for the purpose of aiding victims of domestic violence provide certain services and meet minimum standards set forth by the state. There are approximately 42 certified centers of this nature in the state, all of which are community-based agencies. Domestic violence is a serious offense and can have lifelong consequences for victims, whether they are adults or children. To ensure that you receive the best possible legal defense and care, it is important that victims seek the aid of an experienced West Palm Beach domestic violence attorney who can work with you to help defend your rights.
Domestic Violence Centers
In the event that a person has been involved in an incident involving domestic violence, he or she has the option to seek help at one of Florida’s many domestic violence centers. Florida’s domestic violence centers have a total of 1,942 beds statewide. Between 2011 and 2012, domestic violence centers provided emergency shelter for around 15,997 people and provided over 450,000 hours of counseling to residents.
Services
Some domestic violence centers offer residential inpatient treatment, during which residents live at a designated facility full-time. Others utilize outpatient programs that provide flexibility for those who are unable to relocate to a live-in facility. Whether the facilities offer inpatient or outpatient services, all certified centers must do the following:
- Provide a facility which will serve as a center to house victims and any dependents who rely partly or wholly on the victim; and
- Receive the annual written endorsement of local law enforcement agencies.
Minimum Standards
In addition to housing victims and their dependents, each center must provide minimum services that include:
- Information and referral services;
- Counseling and case management for victims;
- The provision of temporary emergency shelter for at least 24 hours;
- A 24-hour hotline;
- Assessment and, if appropriate, referral of resident children;
- Educational services to increase community awareness and prevention of domestic violence; and
- Providing orientation and training programs for staff.
Additional Services and Resources
While the law requires that domestic violence centers provide these services, many facilities offer additional resources, such as work training and job placement, transportation to and from appointments and meetings, transitional housing after a temporary stay at a center has ended, connection with substance abuse and mental health services, assistance with rent, and eventual relocation.
Domestic violence centers can also play an active role in the legal process of a criminal prosecution by providing courtroom representation and legal advocacy to victims. Additionally, such centers employ certified counselors and therapists who oversee support groups and counseling sessions.
If you or someone you know has been the victim of domestic violence, it is important that you alert local law enforcement as soon as possible. Once your safety has been ensured, it is vital that you retain an experienced family law attorney who will be able to protect the rights and safety of you and any children. Please contact West Palm Beach family law attorney William Wallshein today to schedule a consultation.
Discuss Your Domestic Violence Matter with a West Palm Beach Family Lawyer
Victims of domestic abuse often feel trapped and at a loss of how to protect themselves. As a West Palm Beach domestic violence attorney practicing law for over 38 years, I am committed to protecting my clients. I represent people in Palm Beach, Broward, and Martin Counties, as well as throughout South Florida, in seeking restraining orders so that they feel safe to move on with their lives. Please call my office at 561-533-1221 to schedule a free initial consultation about your case, or contact us online. We accept credit cards.
