Jupiter Domestic Violence Lawyer

In Florida, victims of domestic violence can seek protection from the court by requesting a domestic violence injunction. These injunctions, or restraining orders, can bar a respondent from any contact with the petitioner, force the respondent to stay away from a shared residence, and can even address things like spousal support and child custody. Domestic violence allegations can also have a significant impact on divorce proceedings, requiring additional protections for victims and their children. If you are considering divorce and your family has a history of domestic violence, be sure to reach out to a Jupiter domestic violence lawyer for help as soon as possible.

Domestic Violence Can Affect Child Custody

Although there are a variety of aspects of divorce that could be affected by allegations of domestic violence, child custody often ends up being the highest priority for many couples. Fortunately, in Florida, while judges are encouraged to award shared parenting, they will only do so if it is in the child’s best interests and won’t order shared custody at all if there is a threat of violence. This in turn, requires a consideration of:

Any domestic violence convictions;
Any evidence of domestic violence, even if the parent wasn’t convicted; and
A history of behavior that could endanger a child’s well-being.

If this kind of evidence exists, judges will almost always award sole parental responsibility to the other parent, meaning that he or she has the right to make all major decisions about the child’s healthcare, education, religion, and day-to-day activities. Courts will also typically award majority timesharing to the other parent, but may still award some type of supervised visitation with the parent accused of domestic violence.

When this type of evidence is found, a judge could choose to award sole parental responsibility to one parent, although the other parent may still be entitled to some sort of supervised visitation.

Domestic Violence Can Impact Financial Support

Besides affecting a family’s custody arrangement, domestic violence allegations can also impact spousal and child support. If, for instance, one spouse can show that his or her physical or emotional health, income, earning power, or employability were adversely affected by domestic violence, then he or she could be entitled to some sort of financial support. This is often the case in situations involving domestic violence, when there may be financial disparities between two spouses. In these cases, Florida courts are often willing to award temporary spousal support to counter any financial abuse being committed by the other spouse. Similarly, a parent who is granted majority timesharing because of domestic violence concerns could also receive monthly child support payments from the other parent.