Just by filing a domestic violence injunction in civil court, one person may get his or her partner thrown out of a joint residence and prohibited from coming back, even to visit children. That same person may be awarded temporary child support and alimony without a full hearing. Often hearings are set and held within 10 days or two weeks of the injunction being filed, which gives the accused violent offender little time to find a place to live or hire a lawyer.
When a civil injunction is involved, the person asking for the injunction may dismiss the case at any time, and even after it is put in place the accuser may ask that it be modified. But if the case reaches criminal court, the accuser may not be allowed to “take it back,” because crimes are considered actions against the State of Florida and the accuser is merely a witness to the crime. Of course if the accuser asks the State to decline to prosecute, the prosecutor would have to take that request into consideration. However, whether to grant this request is in the discretion of the State, and it can and will go forward with prosecution without the cooperation of the victim under the right circumstance.
Those Accused of Domestic violence Need an Attorney
Because of the long-term effects domestic violence accusations have on a person’s record and custody rights, it is essential that people accused of domestic violence have legal counsel.
Domestic violence between parents of children does not have to physically harm the children because merely observing their parents engaged in domestic violence is harming the children.
As in most every case, “truth” is not a constant; there is no absolute truth, but only facts that can be interpreted in more than one way. This means there are cases which allegations of domestic violence should be fought out in court, where a jury decides the more reasonable “truth.”
It is important for another reason, too. It is important to have an objective eye on the evidence, to have an experienced lawyer on your side who more or less can tell you how your case is going to be decided. It is important to have a person who can measure the state’s case and give you advice on the best way to proceed, even if you don’t want to hear it. Sometimes, the best advice is something you don’t want to hear.
Knowledge is Power
The Tampa Legal Team and Joseph J. Registrato understand the big picture when it comes to handling Domestic Violence. It can have lasting effects on employment and earning potential, the emotional and physical health of the client, and relationships with friends, family, and life partners. These issues are also incredibly sensitive beyond just traditional attorney-client confidentiality. We are dedicated to working with our clients to make sure communication to and from our office is safe and secure when there is a heightened concern because of violence, stalking, or harassment at play.
The statistics on Domestic Violence are grim on all fronts for all involved, especially when there are children. Please call our office if you wish to learn more about the legal process surrounding domestic violence injunctions and what your options are. We answer after hours, on weekends, and during holidays. Call us when you can.
If you are in a life-threatening situation, please seek safety and call 911 first.