Domestic Violence Attorney in Orlando

Get the Protection You Need

The emotional impact of a domestic violence dispute can be devastating. Victims of domestic abuse often feel isolated, ashamed, powerless, and scared. The fear of retaliation and the feeling that there is no escape from an abusive relationship can lead to depression or suicidal thoughts.

Seeking legal action against an abuser is one of the most important and first steps a victim can take to protect themselves from further harm. This is where family lawyers who have experience in domestic violence come in. A family law attorney who has experience in domestic violence cases has the keys to help anyone involved in the situation. We are there not only to give legal advice but to initiate the process for protection.

From seeking all the necessary evidence, beginning a case, and helping with temporary and permanent protection, a family attorney knows what to do for you and your family. Our main goal is to help you seek security and justice. Contact our skilled attorneys to schedule your consultation today at 407-900-7451.

What Qualifies as Domestic Violence in Florida?

Domestic violence in Florida is a grave offense that can result in severe repercussions for the victims. It includes any form of violent behavior or intimidation amongst family members, couples, or individuals residing together. This comprises sexual, physical, and verbal aggression, along with stalking and harassment.

Domestic violence encompasses physical abuse, deliberate harm, or injury to another person. It also involves psychological or economic abuse, like restricting a partner from interacting with family and friends or managing their finances without agreement. Domestic violence can also involve unwanted sexual contact or sexual assault.

Several legal remedies are available for domestic violence victims in Florida, including protective orders, restraining orders, temporary custody orders for minor children living in the home, and criminal proceedings against the perpetrator.

The Law Office of Erin Morse is committed to helping those dealing with domestic violence matters and gaining peace of mind. Whether you need assistance with a protection order or need to modify an existing family agreement, we have you covered.

How Can a Domestic Violence Accusation Impact a Divorce?

When a domestic violence accusation is made during divorce proceedings, it can have devastating consequences for the accused. In many states, including Florida, domestic violence allegations are taken very seriously and, if proven true, can lead to severe penalties that could include jail time or orders of protection.

Impact on Child Custody

Domestic violence accusations also affect custody disputes in divorce cases, as the court will take into consideration how safe each parent’s home environment is as part of its decision on who should be awarded physical custody of any minor children involved in the case. If there are serious concerns about either parent’s ability to provide a safe living environment for their children, then that individual may lose out on getting primary custodial rights over their children.

Impact on Spousal Support

In addition to child custody issues, a domestic violence accusation can also impact alimony payments during a divorce proceeding. Depending on the circumstances, an accuser alleging abuse against their partner might be awarded additional financial assistance from them to help cover any medical costs related to the injury suffered by them at the hands of their abuser or even court-ordered counseling sessions they must attend due to emotional distress caused by such incidents.

Having an experienced attorney guide you through the entire process makes this situation less stressful. Our attorneys are ready to help walk you through step-by-step; contact us today at 407-900-7451 to schedule your initial consultation and get started.

Can I Modify a Child Custody Arrangement After a Domestic Violence Incident?

Domestic violence incidents have a profound impact on everyone involved, including minor children. In some cases, a domestic violence incident may lead to a modification of an existing child custody arrangement. The court might grant temporary or permanent changes in custody if one parent is accused or convicted of domestic violence and temporary restraining orders that prohibit contact between any parties involved.

Courts may also require supervised visitation or mandate parenting classes for the perpetrators to ensure future interactions are safe and positive. If there are serious concerns about either parent’s ability to provide safety and security for their children, then that individual might lose out on getting primary custodial rights over their children.

When looking into modifying your child custody arrangements due to domestic violence issues, it is crucial to seek legal advice from an experienced attorney who understands all aspects of Florida’s laws concerning DV offenses. Our team can provide legal services to help ensure your safety today and tomorrow while protecting your rights throughout this difficult process.

Why Should I Hire a Domestic Violence Lawyer in Orlando?

‌‌A family lawyer can be an invaluable asset during a domestic violence case. When facing such emotional and complex cases, they can provide vital advice, guidance, and support. They understand the nuances of each case, including the severity and frequency of alleged incidents and the dynamics between all parties involved. An experienced domestic violence attorney from our law firm can also advise on any other legal issues that may arise, such as orders of protection or restraining orders issued by a court, and we can assist in providing emotional support throughout the process.

Domestic violence is extremely traumatic for victims and their families, so it is essential to have someone knowledgeable and willing to offer compassionate representation. Contact the Law Office of Erin Morse at 407-900-7451 for the legal support you need to resolve these issues.

FAQs About Domestic Violence in Florida

Domestic violence is a serious matter, affecting families and individuals in Orlando and throughout Florida. If you are facing a domestic violence situation, it is essential to understand your legal rights and options. We help our clients navigate the legal system with compassion and clarity. Read answers to some of the most common questions about domestic violence in Florida we have compiled for you.

What Is the Florida Law on Domestic Violence?

As a criminal offense, domestic violence is defined under the Florida Statutes Section 741.28. This type of crime is committed against a household or family member. These terms may include individuals related by blood or marriage, spouses or former spouses, parents who have a child in common (whether or not they have ever been married), and individuals who are living together or have lived together in the past. With the exception of parents who have a child in common, family or household members must either currently live together or have lived together previously.

Certain acts against a household or family member are categorized as domestic violence under Florida law, including the following:

• Assault and aggravated assault (involving a deadly weapon)
• Battery and aggravated battery
• Sexual assault
• Stalking
• False imprisonment
• Kidnapping
• Any offense causing physical injury or death

How Serious Is the Crime of Domestic Violence?

Domestic violence could be classified as a misdemeanor or felony offense, depending on the specific act and the history of the abuser. For example, threats and simple battery may be misdemeanors, while aggravated battery, strangulation, and use of a weapon may be charged as felonies. Repeat offenses and violations of protective orders may also lead to felony charges. Regardless of the classification, all domestic violence charges are serious and carry lasting consequences.

What Are the Criminal Penalties for Domestic Violence in Florida?

Under the Florida Statutes Section 741.283, domestic violence may carry mandatory minimum jail time. A person convicted of intentionally causing bodily harm to another will serve a minimum county jail sentence of 10 days for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense, in addition to other penalties imposed by the court. When an act of domestic violence was committed in the presence of a family or household member under the age of 16, mandatory minimum jail terms under the statute are 15 days for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense.

Can Domestic Violence Charges Be Dropped?

Domestic violence is a criminal matter. Only law enforcement has the authority to drop the charges, even if the victim asks that they be dropped. If prosecutors believe the evidence supports a conviction, they may move forward with charges, although lack of cooperation from the alleged victim may affect the case outcome.

How Can a Protective Order Help?

Domestic violence injunctions, or protective orders, provide legal protection for victims of domestic violence. Otherwise known as restraining orders, they are designed to protect individuals from future abuse or threats by limiting the alleged abuser’s behavior and contact. For example, a protective order can do the following:

• Prohibit the abuser from approaching or contacting the victim
• Require the abuser to surrender firearms
• Order the abuser to attend counseling or intervention programs
• Grant temporary custody of children to the victim
• Provide temporary use of a shared residence and/or vehicle

How Do I Get a Protective Order From the Court?

If you are facing domestic violence in Orlando, you will need to petition the court for a domestic violence injunction, called a protective order. You must file the petition at the Orange County Courthouse in the Domestic Relations Division. An after-hours emergency petition may be requested through local law enforcement or through a certified domestic violence shelter. The petition must describe the abuse or threats you are facing and explain why you need legal protection.

If an immediate threat exists, a judge may issue a temporary protective order right away. A hearing will be scheduled within 15 days, in which both parties can present testimony and evidence. You are not required to have an attorney represent you, but it can significantly improve your chances of obtaining a final protective order.

An experienced family law attorney can help ensure your rights and safety are fully protected in the following ways:

• Help you complete and file the petition
• Prepare your case for the hearing
• Advocate for custody, support, or exclusive use of property
• Respond to any defenses or counterclaims by the respondent

What Happens at the Hearing for a Domestic Violence Protective Order?

At the hearing, both the petitioner and the respondent may present testimony, documents, or witnesses. The judge will evaluate the nature and severity of the abuse or threats, any history of violence or intimidation, police or medical records, photos, and written communications to determine whether the petitioner is in ongoing danger. If the court decides protection is warranted, it will issue a final injunction – a long-term protective order that may be in effect indefinitely or for a specified period of time.

What Are the Penalties for Violating a Domestic Violence Protective Order?

Violating a protective order is a criminal offense. It is typically charged as a first-degree misdemeanor, punishable by up to one year in jail, up to $1,000 in fines, possible probation or counseling, and loss of gun rights. Repeat violations, or violations involving violence, weapons, or stalking, could lead to felony charges and longer jail or prison sentences.

What Resources Are Available to Domestic Violence Victims in Orlando?

Orlando has many resources for domestic violence victims. These organizations offer confidential services to support victims at every stage of the recovery process, often free of charge. They include the following:

• Florida Domestic Violence Hotline: Call 1-800-500-1119 (24/7 statewide). Callers can be linked to the nearest domestic violence center, with translation assistance provided when needed.
• Harbor House of Central Florida: This is a resource for emergency shelter, legal advocacy, support groups, and safety planning.
• Victim Service Center of Central Florida: This organization provides individualized resources and services to victims of violent crime and traumatic circumstances, including crisis intervention, advocacy, and trauma therapy.

Can Men Be Victims of Domestic Violence?

Yes, people of all genders can be affected by domestic violence. Men, women, and individuals in same-sex or opposite-sex relationships may seek protection under Florida’s domestic violence laws. If you are a man experiencing abuse, you are entitled to the same rights and protections under the law, including the ability to file for a protective order and request custody or support orders.

Should My Divorce Attorney Be Informed of Domestic Violence?

Yes, an active domestic violence injunction may include terms that impact your divorce, particularly when children or shared property are involved. Domestic violence may affect child custody and time-sharing arrangements, who retains the use of the marital home, division of marital assets, and alimony decisions. It is important to inform your attorney so he or she can align your divorce strategy accordingly.

At the Law Office of Erin Morse, we understand that family issues can be devastating, particularly when domestic violence is involved. We take a personalized and proactive approach to help our clients deal with the current situation and prepare for the future. We focus our practice exclusively on family law matters. Contact us at (407) 900-7451 for the skilled legal help you need if you are facing domestic violence.