There is an epidemic of violence in our society, and men against women perpetrate the majority of the violence. In the State of Florida, Domestic Violence can be both Criminal and Civil in nature. Domestic Battery and Assault is a misdemeanor and because it is a crime requires proof beyond a reasonable doubt. In Family Law Matters, a preponderance of the evidence is necessary which is a much lower burden of proof.
A victim of Domestic Violence must demonstrate that they are in imminent fear of harm from the other party. Stalking, harassment, threats, and physical violence are acts of domestic violence covered by the Domestic Violence Statute.
In order to obtain a Restraining Order and ultimately a Permanent Injunction against Domestic Violence, it is necessary to show two acts of violence within a six-month period of time. The two acts of violence can occur on the same day and can involve both a threat of violence and an act of violence.
The Domestic Violence Statute has also been used to gain certain advantages in a family Law case, such as gaining exclusive use occupancy of the marital residence or place where the parties resided.
Additionally, the Domestic Violence relief can afford temporary Child Support as well as restrict access to the parties children due to the restrictions imposed by the restraining Order itself.
The Domestic Violence Statute has also been used to allow many parents who are in this country illegally to be retained, due to being victims of domestic violence.
The laws do allow for many problems with credibility issues due to the possible strategic advantages gained by filing these cases.