Florida Injunction Attorneys
As a result of handling quite a number of divorce cases in the many years our family law attorneys have been practicing, we are aware of the underlying situations that can cause divorce. One of the most serious and potentially hazardous scenarios is that of violence.
Whether the violence is physical or sexual, or against a spouse, a child, or a third party, it is not something that should ever be “brushed under the rug” or ignored. Domestic violence can cause serious physical and psychological harm that may take years for the victims to overcome, if they ever do.
Injunction Attorneys in Gainesville, FL
The divorce attorneys at the Law Office of Silverman, Mack & Associates are equipped to assist you in obtaining the legal protection from violence that you need for yourself and your loved ones. If you have been falsely accused of violence, our injunction attorneys can help in defending you from the untrue allegations.
Founding partner Joshua Silverman formerly worked as a prosecutor in the Florida State Attorney’s Office in Gainesville. He spent two of those five years as a Special Victims Prosecutor in cases involving domestic violence, child abuse, and sexually-based offenses. He is thoroughly versed in the laws and procedures that apply to these sorts of cases and is a valuable resource to our firm and to the clients we serve who are unfortunately experiencing abuse or allegations of abuse.
Partner Stephanie Mack, the newest addition to our team, is a state Certified Legal Specialist in the area of marital and family law. The certification process is a rigorous one which requires that the attorney demonstrate a requisite amount of legal experience and detailed knowledge in all areas of family law, including domestic violence injunctions.
Partner Adam Vorhis formerly worked as a prosecutor prior to starting the firm with Mr. Silverman. He now divides his time between criminal defense work and family law work.
Jan Smith spent three years as a public defender before joining our firm to work in the areas of family law and criminal defense. Our attorneys’ knowledge and experience in family law as well as in criminal prosecution and defense place us in a strong position to both proficiently advocate for injunctions for our clients who may be victims of violence, as well as to defend clients who may be falsely accused.
Types of Injunctions Against Violence
There are four types of injunctions against violence in the State of Florida which apply to different types of relationships. They are injunctions against:
- Domestic violence: Laws against domestic violence apply only if the respondent is a current or former spouse, a relative by blood or marriage, a present or former cohabitant in a family situation, or the other parent of your child. The kinds of situations that can warrant an injunction against domestic violence in particular include sexual assault, lewdness, criminal sexual contact, assault, stalking, destruction of property, harassment, criminal trespass, threats, burglary, kidnapping, false imprisonment, criminal mischief, or criminal restraint.
- Repeat violence: Injunctions against repeat violence must involve two or more incidents of violence, one of which had to have occurred within the six months prior to the filing of the petition.
- Dating violence: Dating violence involves violence between individuals in a defined dating relationship.
- Sexual violence: Injunctions against sexual violence must involve one incident of statutorily defined sexual crimes.
Anyone who either is a victim of any of these types of acts, or who has reasonable cause to believe he or she is in imminent danger of becoming a victim, has grounds to request a court to grant the appropriate injunction, or restraining order, prohibiting future violence. A court will weigh a variety of factors to determine if a petitioner has reasonable cause to believe he or she may be in danger of violence.
In either case, a petitioner’s case is greatly enhanced by the assistance of experienced legal counsel both in gathering the necessary evidence to support a petition, and in presenting a coherent argument to the court. Victims of violence often experience extreme fear of and intimidation by their abusers, and it can be extremely difficult for them to confront the respondent on their own even publicly in a court of law. The attorneys at our firm will stand by you and present your case for you so that the process is made easier to handle.
In the context of divorce, since Florida is a no-fault divorce state, it is not necessary to allege any act of violence or fear of violence in order to obtain a divorce decree. However, if violence has occurred, or if you have reasonable fear that it will occur, this can have serious consequences on future child custody and parenting decrees. Parents who are the subjects of a restraining order can be severely restricted in their ability to spend time with and be involved in their children’s upbringing. A court may require supervised visitation or, in extreme cases, may deny all contact between the abuser parent and the child.
A spouse who is a victim of violence, or whose children have been victimized, may not be sufficiently protected simply by a divorce decree. Unless the court is made aware of previous violence in the relationship, that spouse’s parental right to be involved in the child’s life and the statutory presumption that it is in the best interest of the child to have ongoing contact with both parents, will work together to possibly subject you and/or your child to further abuse. In addition, failure to adequately protect your child from abuse may call into question your qualifications to care for your children.
Finally, if you have been falsely accused of abuse, then it is crucial to your future relationship with your children that you present a vigorous defense of your case. Our injunction attorneys can help both in presenting an initial case and in making an appeal from an unjust court-ordered injunction.
The family law attorneys at the Law Office of Silverman, Mack & Associates have the legal acumen to help victims of domestic violence who are seeking to both end a marriage and protect themselves and their loved ones from future incidents. Violence is not an issue that can be ignored as it has far-reaching legal, physical, and emotional effects. Call us today for a consultation with one of our seasoned injunction lawyers.