SOUTH FLORIDA FAMILY LAW ATTORNEY PROVIDING KNOWLEDGEABLE AND STRATEGIC GUIDANCE Contact Us

Domestic Violence

Domestic Violence

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.

Client Testimonials
★★★★★
If you ever need a compassionate, hardworking attorney who believes in doing the right thing for families going through a divorce, but being fair and honest, go with Mr Kaplan, Esq. He is one attorney has always been patient, up front and defending your rights with integrity. Can’t ask for any better, especially one who works so hard as Mr.Kaplan!!! Thank you for taking care of our Service members and Veterans like me!!
★★★★★
I would like to recommend my attorney's, Mr. Kenneth Kaplan, excellent services to anyone looking to represented for a child support or divorce matter. He can definitely be counted on. Very trustworthy and knowledgeable. He finds solutions to problems that seem can't be solved. Ileana
★★★★★
9/1/17 was one of the best days of my life! Mr. Kenneth Kaplan did an awesome job on my case.I would recommend him to anyone who needs a family law attorney. He's always there when I had a question, concern or needed reassurance. I was able to call, email or text him and he promptly responded. I told him my financial situation and he still worked with me. He cares more about his clients than the money. Evelyn, Nancy & Virginia, his assistants were awesome. I'm extremely satisfied with his professionalism and knowledge to help me get what I wanted for this case. Anonymous