Domestic violence is sometimes an issue that can affect many issues divorcing spouse's rights, including access to the house, access to other property, child visitations, and even custody. I have extensive experience with representing clients who have been victims of domestic violence, as well as clients who have been accused of domestic violence. If you're on either side of a charge of domestic violence or spousal abuse, either in a divorce case or as a problem in itself, contact me at Anne E. Raduns, PA for a free consultation over the phone or at our office.

Representing the Victim

Violence and abuse occurring in the home is an unfortunate reality in homes across the country. The sad truth is that many instances of domestic violence go unreported and unpunished. Any type of domestic incident involving child abuse, elder abuse or spousal abuse is intolerable and no one should have to live with any type of abuse. If you're the victim of threats, harassment, or assault in a domestic situation, I can help you find the help you need to help ensure your personal safety. I can guide you through the process of obtaining a domestic violence injunction or restraining order that will prohibit your attacker from coming near you, from calling you at home or at work, or even from sending you e-mail. We feel very strongly about our duty to uphold the rights of families and children throughout the state of Florida, and we will aggressively work to maintain your legal rights when you or a loved one has been a victim of domestic abuse or domestic violence.

Representing the Accused

Sadly, some subvert the intent of domestic violence laws by making false accusations of domestic violence. Whether done out of anger or to gain an advantage in divorce proceedings, an accusation of domestic violence has immediate and lasting consequences for the accused. I also represent the person accused of domestic violence. It's an unfortunate fact that many charges of domestic violence are filed not because the alleged victim needs protection, but for the sake of a tactical advantage in a divorce case, especially where child custody and time sharing issues are likely to be in dispute. It's common in these situations for a domestic violence restraining order to be entered against you without advance notice, but with an opportunity to come back to court within 15 days to tell your side of the story. I can serve as your advocate in court to present the facts that can dismiss the injunction.

If you have been named in a restraining order, you will have difficulty in gaining custody or visitation rights and you won't be treated equally in other divorce issues.

If you have been falsely accused of domestic violence, do not assume that the truth alone will protect you. Contact a lawyer immediately.

There are other less frequently used forms of Restraining orders:

Injunctions against repeat violence: These are injunctions involving persons who are not involved in a "domestic relationship." The petitioner must plead and prove that he or she has been the victim of two incidents of violence or stalking. Violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death. One of the incidents of violence, or stalking must have occurred within six months of the filing of the petition and be directed against the petitioner or the petitioner's immediate family member.

Injunctions against dating violence: These are injunctions involving individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The petitioner must be a victim of dating violence or has a reasonable belief that violence is imminent, but there does not need to be any actual acts of violence that occurred prior to filing. The petitioner must also show that the relationship existed within the past six months, the relationship was characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction was that the persons were involved over time and on a continuous basis during the course of the relationship.

For additional information about my qualifications or ability to handle your domestic violence situation both in and out of divorce cases, contact Anne E. Raduns, PA