Domestic Violence Attorneys Jacksonville
How to protect yourself from spousal or “family” abuse, physical injury and death?
…or if applicable, and in the alternative,
How to protect yourself from the false accusations of abuse by a spouse or “family” member?
WHEN YOU NEED TO OBTAIN AN ORDER OF PROTECTION AS A VICTIM OF DOMESTIC VIOLENCE:
If you or a family member have been physically harmed, injured, battered, beaten, however, intentionally violated, by the “hands” of a family or household member with whom you presently or previously lived or parented a child, OR
If you or a family member have been threatened by the perpetrator, the accused, in such a manner, and to such an extent, that you reasonably fear for your or your child’s or family member’s safety or life, call the police immediately for protection, get to a safe place, away from the perpetrator as soon as possible, and take measures to obtain legal protection from the Courts.
The Family Law Firm of Treece & Treece will provide legal guidance, experience, and perspective to gain access to the Court’s protection on your behalf to obtain an Order of Protection as a victim of Domestic Violence. The Husband/Wife Team, Attorneys Tom and Debra Treece, believe strongly that no one should live as a victim of abuse under any circumstances at any time.
Domestic Violence is an insidious civil and/or criminal act, a damaging, demoralizing, often devastating action perpetrated by one human being upon another, generally one less able to protect her/himself from harm.
The Florida Statutes provide protection for a person who meets the following criteria:
- The individual is a victim of domestic violence or
- The individual is in reasonable fear of imminent danger of becoming a victim
Domestic Violence can include one or more of the following actions:
Assault; Aggravated Assault; Battery; Aggravated Battery; Sexual Assault; Sexual Battery; Stalking; Cyber Stalking; Aggravated Stalking; Kidnapping; False Imprisonment; Offense resulting in physical injury Or Death To a Family Member by Another Family Member or Household Member.
FREQUENTLY ASKED QUESTIONS REGARDING DOMESTIC VIOLENCE:
Please carefully review the following questions prior to our first consult to help you define the issues relating to your specific family matter.
- How does the victim establish the basis for legal protection?
In the petition, the victim may allege relevant factors such as:
• The “history” between the parties which pertains to threats, stalking, harassment, and acts of physical abuse; (tell what happened)
• The incident(s) where the victim, his/her family members, or household members connected to the victim have been harmed or harm was attempted;
• The perpetrator, or accused, has threatened to kidnap, conceal, or harm the petitioner’s children, family members, or household members. - How can the victim gain access to the Court’s protection?
The victim can gain access to the Court by filing a petition for protection stating the facts which describe the injury or basis of the injury or reasonable cause to believe the injury is imminent.
What must the Court consider to establish domestic violence?
- The Court must determine whether the statements made, the facts alleged, are sufficient to establish the legal requirements of domestic violence. Through this process, the victim can obtain a Temporary Injunction for Protection, without notice.
- What is the procedure following the emergency injunction granted by the Court?
Following the Court’s emergency intervention on behalf of the victim, there will be a hearing scheduled within two weeks to allow both parties an opportunity to present their cases to the Court. After hearing each party’s case, the Court will determine whether to continue or dismiss the Temporary Protective Order, or consider a Final Judgment of Protection, where the injunction can be extended indefinitely or to a specific date until modified or dissolved, and made part of the public record.
IN THE ALTERNATIVE:
DEFENDING WHEN FALSE ACCUSATIONS OF ABUSE ARE MADE
Considering the facts in the alternative, the Florida Statutes provide equal protection for those who have been falsely accused of domestic violence.
Unfortunately, in some domestic violence disputes, a misguided party makes false accusations of domestic violence against the other. We typically see this when a party is seeking to gain an advantage in an impending divorce, child custody modification, or other dispute. This is a serious abuse of a system put into place through our laws to protect the deserving individuals from harm.
The Legal Team at Treece & Treece will act swiftly in your defense, upon your statement of fact, to correct this serious abuse of the very system implemented by the Florida Statutes to afford immediate protection, without notification to the perpetrator, for our victims.
Consequences of the Final Judgment of Protection
When the facts alleged in a Temporary Injunction for Protection are sufficient to support the Court’s entry of a Final Judgment of Protection, the injunction is extended indefinitely or to a specific date ordered by the Court, until modified or dissolved. This continuation of the injunction and public record can be very devastating and negatively impact many aspects of the respondent’s (person accused of violence) life.
The Final Judgment For Protection can seriously impact the life of the perpetrator, in many significant and destructive ways:
- His/her ability to maintain the current career or profession;
- His/her ability to further the employment status such as career opportunities, advancement, increased salary;
- His/her ability to successfully obtain future employment, including a positive employment application;
- His/her ability to maintain the parenting rights with the parties’ children by changing or limiting the party’s timeshare and parental responsibility; such as, requiring supervised and restricted timeshare;
- The removal from the marital home or place of residence, allowing no future access to the home for a period of time;
- Limitation of certain activities in the presence of the children, including specific events and locations, school activities, sports or extracurricular activities or other structured activities involving the children.
Professional licenses may be affected.
Applications into educational programs, colleges and universities may be affected.
Application into the military may be affected.
The Family Law Firm of Treece & Treece has successfully defended many cases involving inadequate, incorrect, or untrue pleadings filed by the petitioner by providing a strong and assertive defense. In these situations, as well as all others, we utilize our seasoned knowledge of the Florida statutes and pertaining case law as well as our many years of experience, perspective and strategy to protect our client’s interests.
Please call our office for an appointment to protect your interests…** (insert).