Domestic violence is abuse that is sustained in an intimate relationship. The abuse doesn’t have to necessarily be beating; it can take different roles, such as shoving, hitting, sexual assault, stalking, intimidation, isolating a partner from others, withholding money, and emotional abuse.
If you are a victim of domestic aggression then you need the help of an experienced Boca Raton domestic violence lawyer right away. You need to make sure that you and your children are as safe as possible when you decide to make that break. Victims of household violence are afforded some protections under the law.
You need a fighter on your side – someone who can step up to stop the aggression once and for all. If you have been accused of domestic violence, you want a lawyer who will investigate the facts and ensure that your side of the story is presented so that you do not lose your children because of a spiteful, false, or wildly-exaggerated allegation. Boca Raton domestic aggression lawyer Tina L. Lewert, Esquire, combines years of experience as a successful trial lawyer with expert knowledge of Florida family law. As a Florida Board Certified Specialist in Marital and Family Law, Ms. Lewert has committed her practice to families, parents, and children who are struggling with complex and often baffling legal issues. Whether you’re a victim of abuse or a victim of fabricated charges, Ms. Lewert wants to help you resolve the household abuse allegations that can tear a family apart.
WHAT IS DOMESTIC VIOLENCE?
Florida defines domestic violence as a number of different acts of violence committed against a family or household member defined as a spouse, ex-spouse, the co-parent of the individual’s child, or a relative related to the individual by blood or marriage. The laws are especially devised to protect against household aggression occurring between individuals who currently cohabitate or who formerly cohabitated together in the same home. Florida also recognizes the issue of violence committed between two persons in a current or former dating relationship.
Under Florida law, domestic aggression includes:
- Assault and aggravated assault
- Battery and aggravated battery
- Sexual assault and sexual battery
- Stalking and aggravated stalking
While domestic violence is handled by the family courts, it can also fall into the criminal realm too. Those accused of domestic violence can face serious criminal penalties. You should also know that criminal courts do not take domestic violence lightly. In Florida, domestic violence laws explicitly include a minimum punishment of five days served in county jail but the courts can and will send a convicted offender to a Florida state prison. The state prosecutor has full reigns to charge a perpetrator of domestic violence with other criminal offenses established by Florida law.
WHAT HAPPENS WHEN THERE IS DOMESTIC VIOLENCE?
If you are in danger or fear of domestic aggression, call the police, a domestic violence hotline like 800-799-SAFE, or a family law attorney. Even before you file for a divorce, you can obtain a restraining order (Florida calls it an “injunction for protection against domestic violence”) from the court without notifying your spouse. In south Florida, an experienced Boca Raton family law attorney can help.
An injunction for protection against domestic violence is a court document that orders the abuser to refrain from specific actions (such as abusing you, contacting you or coming near you) and orders the abuser to perform other acts (such as leaving your home and paying you temporary child support). It can also give you certain rights such as the temporary custody of your children. You will not have to testify and the abuser does not need to be present. If you have an injunction, and it’s violated, the police may arrest and charge the abuser with violating the court order.
However, when an injunction for protection against domestic violence is issued, there will be a court hearing within fifteen days. At that hearing, a judge will decide whether to give you a “final” injunction. The final injunction will last for a precise length of time (often one year) or it may not have an expiration date, which means that it can be modified or dissolved at a later time. If you do not qualify for an injunction for protection against domestic aggression, discuss your options with your attorney. You may qualify for an injunction against repeat violence, an injunction against dating aggression, or an injunction against sexual violence.
Obtaining restraining orders is a good idea but too many people know that a piece of paper does little to offer protection. Family law cases pay special attention to domestic violence situations because of the negative impact it has on the families. The courts will do what they can to protect the abused spouse and the children from further violence.
If you or your children are the victims of any kind of domestic or relationship-based violence, get help now, and in south Florida, call an experienced Boca Raton family law attorney immediately.
SENSITIVE, FORCEFUL, FACT-BASED LEGAL HELP
The lawyer handling a domestic aggression case must be sensitive with clients yet forceful on their behalf. If you or your children are being abused, you need an experienced Boca Raton domestic violence lawyer who will insist in court that the abuse stops immediately. Your safety and the safety of your children are always our top priority at Lewert Law. The truth is also a top priority, and if you are innocent of domestic violence accusations, we will aggressively defend you by finding and standing on the facts.
JUSTICE FOR YOU AND YOUR CHILDREN
Domestic violence cases require the knowledge of an expert Boca Raton domestic violence lawyer. At Lewert Law, we can explain your options, protect your rights, and help you take the appropriate legal steps toward a better future for you and your children. We invite you to schedule an appointment by phone at 561-220-0123 or by e-mail through this website to discuss your needs, options, and legal rights as quickly as possible. When you call, please advise our office that your call concerns a domestic violence issue.