Can a Domestic Violence Charge Affect My Divorce?
Domestic violence charges are weighed very heavily in the state of Florida. Any individual charged with domestic violence can face consequences that can negatively impact their life.
If you or a loved one are facing an accusation or charge of domestic violence, find the legal protection that you need in a skilled domestic violence defense lawyer with The Rickman Law Firm.
What Does a Domestic Violence Charge Mean in Florida?
Domestic violence charges in Florida include a wide spectrum of offenses committed by one family or household member against another, as outlined in Florida Statute 741.2902. These offenses include physical violence, emotional abuse, and stalking.
In the context of divorce proceedings, a domestic violence charge bears a significant influence. Florida courts recognize the potential harm posed by domestic violence. As a result, they take these allegations seriously when determining child custody, visitation rights, alimony, and the distribution of marital assets.
Can a Domestic Violence Charge Affect My Divorce?
The impact of a domestic violence charge on divorce proceedings is multifaceted, influencing several key areas:
Child Custody and Visitation
Florida family courts prioritize the safety and well-being of children. When a parent faces domestic violence charges, the court may lean towards protecting the child by restricting the accused parent’s custody or visitation rights. In extreme cases, supervised visitation may be implemented to ensure the child’s safety.
Alimony and Property Distribution
The financial and emotional consequences of domestic violence may factor into decisions regarding alimony and the equitable distribution of marital assets. The court may consider the impact of the violence on the victim spouse when determining the financial support needed after the divorce and how to fairly divide marital property.
Protective Orders
In addition to divorce proceedings, the court may issue a domestic violence injunction or protective order. This legal measure provides additional protection for the victim, often including provisions for temporary child custody, spousal support, and restrictions on the accused party’s contact with the victim.
Understanding the severity of these potential consequences is incredibly important for individuals facing domestic violence charges during divorce, as it can directly impact their post-divorce life and relationships with their children.
What to Do After a Domestic Violence Accusation?
Navigating the aftermath of a domestic violence accusation during divorce requires strategic and timely action from you and a Tampa domestic violence defense attorney:
Consult with an Experienced Attorney
Your first step should be to seek the counsel of an experienced domestic violence defense attorney with The Rickman Law Firm. Your attorney can provide guidance, assess the specific details of your case, and formulate a strong defense strategy tailored to your situation.
Understand the Legal Consequences
After hiring an attorney, you should familiarize yourself with the potential legal consequences associated with domestic violence charges in the context of divorce. Awareness of potential ramifications encourages you to make informed decisions during legal proceedings and actively participate in your defense.
Comply with Court Orders
If the court issues protective orders or injunctions, your strict compliance is essential. Violating these orders can lead to additional legal complications, potentially affecting the outcome of both criminal and divorce proceedings.
The Role of Evidence in Your Case
In any legal proceeding, evidence plays a pivotal role in establishing facts and influencing decisions. For those facing domestic violence charges, the quality and admissibility of evidence can significantly impact the outcome. This is particularly crucial in cases where the defense challenges the accusations, emphasizing false accusations or a lack of credible evidence.
Gathering and presenting compelling evidence requires a thoughtful approach. Your attorney may work to obtain witness statements, surveillance footage, or communication records that can either support your defense or undermine the credibility of the accusations. Understanding the rules of evidence and the nuances of presenting a compelling case can make a substantial difference in the courtroom.
Additionally, the nature of evidence can vary. In cases involving allegations of emotional abuse or non-physical forms of domestic violence, establishing a clear trail of evidence becomes even more challenging. Attorneys specializing in domestic violence defense recognize the importance of presenting a comprehensive picture of the circumstances, shedding light on the intricacies of the relationship dynamics.
Furthermore, the legal process involves adhering to specific procedural rules. An experienced Tampa domestic violence defense lawyer with The Rickman Law Firm can expertly control the complexities of evidence presentation, ensuring that all relevant information is brought to the court’s attention.
Potential Legal Defenses for a Domestic Violence Charge
Facing a domestic violence accusation does not have to result in a charge. Florida law allows individuals to present various legal defenses to challenge accusations. Your domestic violence defense attorney in Tampa with The Rickman Law Firm may utilize the defense strategies of:
False Accusations
If you believe the accusations against you are false, your attorney may help gather evidence to support your innocence. These pieces of evidence may include witness testimonies, text messages, or surveillance footage that contradicts the allegations.
Self-Defense
If your actions were taken in self-defense to protect yourself from harm, this could potentially serve as a valid defense. Providing evidence that supports your reasonable belief that you were in imminent danger is crucial in establishing the legitimacy of your actions.
Lack of Evidence
Challenging the prosecution’s evidence is a common defense strategy. If there is insufficient or unreliable evidence to support the charges, your attorney can work to have the case dismissed or negotiate a more favorable outcome.
Get the Protection and Legal Counsel that You Deserve
Facing a domestic violence charge could potentially have devastating consequences on an individual’s life, let alone the outcome of any divorce legal proceeding. If you are facing a domestic violence charge, you should immediately get legal protection. The Rickman Law Firm is open 24 hours a day, 7 days a week to help fight for your justice.
To contact one of our attorneys today, fill out our consultation form or call us any time at (813) 370-1185.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.