Domestic violence of any kind is abhorrent. However, allegations of domestic violence are not always cut and dry. This is typically a complex legal matter that crosses the line between criminal law and family law. At The Law Office of Gustavo E. Frances, our knowledgeable and experienced team is here to help anybody who is experiencing domestic violence issues. Whether you have experienced domestic violence or had been falsely accused of committing acts of violence, we are ready to investigate the issue.
The National Coalition Against Domestic Violence (NCADV) estimates that 34.2% of Florida women and 24.6% of Florida men experience domestic violence at some point in their lifetime. In light of the COVID-19 pandemic, Fort Lauderdale domestic violence issues are rising to the forefront of family and criminal law. This national health crisis and subsequent stay at home orders have led to a rise in tensions in the household, including domestic violence.
Domestic violence charges after police are called
Domestic violence charges often arise after a heated dispute inside a household. Maybe one partner called the police. Perhaps the neighbors called. Regardless, when the police show up, someone is likely going to jail. Law enforcement officers typically have no discretion in these situations.
However, the next morning, there is often a buyer’s remorse with these situations, with one partner realizing that things were blown out of proportion. Maybe there was plenty of yelling, possibly an accidental bump, but they do not want their partner to go to jail or face charges. What happens then?
Unfortunately, the person who was arrested often receives a no-contact order and cannot speak to their partner. They likely cannot come back to the house to speak to their partner or retrieve their belongings. You may need to secure assistance from an attorney to help communicate your desire to the judge and prosecutors to drop charges. This can be difficult because the State will not make it easy and often attempts to force prosecution. An experienced Fort Lauderdale domestic violence attorney at The Law Office of Gustavo E. Frances will be able to help you with this matter.
Arrested for domestic violence
If you have been arrested for domestic violence because your partner or spouse has accused you of something, this can be an incredibly difficult situation to be in. Maybe you and your partner have been arguing for a long time, or perhaps there is a dispute over child custody or child support, and your partner saw this an opportunity to gain the upper hand. If this has happened to you, you need assistance from a Fort Lauderdale domestic violence defense attorney immediately. At The Law Office of Gustavo E. Frances, we are ready to help after an arrest, a false accusation, or whether actual violence did occur.
It is important to understand that an accusation of domestic violence can affect all aspects of your life. Criminal charges can lead to severe penalties, including fines and jail time. Those falsely accused could find that they are on the receiving end of a restraining order and not allowed to return to their household. A person accused of domestic violence in Fort Lauderdale may also lose custody of their children and not even be able to visit them.
Domestic violence and divorce
The reality is that domestic violence (or other incidents related to COVID-19 stay at home orders) may lead to a divorce. Whether or not a domestic violence allegation is true, this may signal the end of a marriage. When this happens, you need to secure assistance from a Fort Lauderdale divorce lawyer as soon as possible. This issue can become incredibly complicated, particularly with matters of asset distribution, child support, child custody, and alimony. A skilled divorce attorney who also has experience with domestic violence laws will be best suited to help you through this situation.
Staying safe after being a domestic violence victim
If you have been the victim of domestic abuse, there are steps you can take to ensure that you remain safe once your partner or spouse has bonded out of jail. You may need an emergency injunction related to:
- Restraining orders to ensure your safety at home, work, or anywhere else
- Orders related to child custody
- Temporary child support orders
Domestic violence should never occur around children, and you need to take steps to protect them as well. At The Law Office of Gustavo E. Frances, you can count on a Fort Lauderdale attorney with experience obtaining restraining orders to protect children from abusive parents and to keep them from being exposed to domestic violence in the household.
Violence against children during COVID-19
Unfortunately, the COVID-19 pandemic has led to an increase in violence against children. In many cases, police do not get involved because they do not see this violence occur. People in the household may be discouraged from reporting this type of child abuse, and children are often afraid or do not know how to make a report. Families in these situations need a strong advocate who can file the right civil pleadings to get children away from abusive parents.
Why turn to the Law Office of Gustavo E. Frances?
If you are dealing with issues of domestic violence in Fort Lauderdale, you do not have to go through this alone. At The Law Office of Gustavo E. Frances, our skilled team has vast experience handling domestic violence issues. This includes defending those who have been charged with domestic violence, as well as helping those who have been victims of domestic violence obtain injunctions and restraining orders. When domestic violence affects a marriage, our family law attorneys are ready to help if divorce becomes a necessity. You can contact us for a free consultation of your case by clicking here or calling 954-533-2756.
- Child support modifications
Court-ordered child support can be modified when there are substantial, material and unanticipated changes in circumstances.
- Department of Revenue Child Support matters
There are certain times when the state of Florida will intervene in child support matters
- Property Division
Determining separate and joint assets, using equitable division to arrive at a fair agreement
- Paternity actions
Sometimes paternity must be established in order to enforce child support as well as custody rights
If you are facing divorce, you need an attorney who can help you make smart decisions about your future.
- Child Support
Using the guidelines to factor monthly payments
- Alimony Spousal Support
Rehabilitative or permanent alimony petitions
- Department of Revenue concerns
During a Title IV-D administrative proceeding brought by the Department of Revenue concerning child support
- Time Sharing & Child Custody
Where the children will reside and who will have decision-making authority concerning all types of important issues
- Domestic Violence
Domestic violence of any kind is abhorrent. However, allegations of domestic violence are not always cut and dry.
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For legal representation in any dissolution of marriage matter, please reach out to me online or call me toll free at 954-533-2756.