In Florida Family Courts, an allegation of domestic violence is treated very seriously by the Judge who may determine all facets of the dissolution of your marriage. Regardless of whether or not you are convicted of a domestic battery or other domestic related criminal offense, the fact that your spouse alleged domestic violence will very likely have a tremendous impact on how a Florida Family Law Judge perceives you.
Although domestic violence is a very serious problem in the State of Florida, New Horizons Law, P.A., Michael J. Costantino, Esq. has found that some individuals who claim that that they are a victim of domestic violence make false or exaggerated claims that are designed to have a positive impact on the terms that are contained in a Final Judgment of Dissolution of Marriage with respect to custody as well as have a have an injunction entered against his or her spouse solely to harass or punish that person. It is not uncommon for New Horizons Law, P.A., Michael J. Costantino, Esq. to have a consultation with a potential new family law client who has been served with both a Petition for Dissolution of Marriage and a Temporary Injunction for Protection against Domestic Violence and that there is an impending court date before a Family Law Judge.
If you are falsely accused of domestic violence, it is important for you to seek legal advice immediately in order to protect yourself and your legal rights. In New Horizons Law, P.A., Michael J. Costantino, Esq. experience, if you wait to seek legal advice until after the court holds a hearing on the Temporary Injunction and grants a Permanent Injunction, your spouse has already gained a tremendous advantage in the divorce proceedings. In addition, New Horizons Law, P.A., Michael J. Costantino, Esq. has found that is often very difficult to convince a Family Law Judge that he or she was wrong to have entered a permanent injunction in your case. If you are proactive in defending against false claims of domestic violence, you may be able to prevent damage to your reputation.
Evidence of domestic violence, even without a conviction, will influence child custody and visitation rights tremendously. A Florida Family Law Judge can award sole parental responsibility based upon evidence of domestic violence. The Court can also limit a parent’s timesharing by requiring supervised visits if there is a finding that the child(ren) may be in danger.
On the other hand if your attorney is able to prove that the other party made false accusations against you in a Family Law Court setting, the judge is required to consider that when determining custody and visitation rights. Although it is unfortunate, some truly innocent people lose very important rights in divorce cases due to false claims of domestic violence. If a false claim of domestic violence has been alleged against you, please contact New Horizons Law, P.A., Michael J. Costantino, Esq. for a consultation right away. You should not hesitate contacting an attorney just because you know t that you know that you did nothing wrong. The Family Law Judge needs to be convinced that no act of domestic violence has taken place. New Horizons Law, P.A., Michael J. Costantino, Esq. is here to help you.