Steps to Take If Domestic Violence is An Issue During a Divorce
Are you facing a divorce which involves domestic violence? Are there any children involved in this matter? What steps should you take to ensure the court finds in your favor? These are all questions that will be answered in this blog, courtesy of the Law Offices of Matthew Z. Martell, P.A., a Sarasota, Bradenton, Lakewood Ranch, and Venice, Florida divorce law firm.
First Step – Interview the Divorce Attorney
This matters because each local jurisdiction handle divorces that involve domestic violence somewhat differently depending on the county it is located in and the judge to which it is assigned. You want to be sure the divorce lawyer you select knows, for example, the unwritten standard that Manatee County uses to establishing the legal need for a restraining order as opposed to how it is done in Venice, Sarasota County, Florida and how to adjust for such factors in the court proceedings. You also want to know that when it comes time for the court hearings or trial, your attorney promises to “go to bat for you” and be at your side. At the Law Offices of Matthew Z. Martell, we are experienced in these matters. We will ensure you can legally claim that you suffered domestic violence abuse at the hands of your spouse.
Filing a Restraining Order
If you feel you are in imminent danger from your abusive spouse, you can ask your family law attorney about filing a restraining order. This legal step is designed to protect you. If your spouse violates that restraining order, then you should be able to use that in court against him or her.
Sarasota, Bradenton, Lakewood Ranch, and Venice family attorney Matthew Z. Martell will know how to get this done. Additionally, he will know how to collect evidence that your restraining order has violated. The temporary restraining order should be filed at the local Clerk of the Circuit Courts. We can help you to file that temporary restraining order petition if you need help drafting it. It stands a much greater chance of being granted on both a temporary and a permanent basis if a family law attorney drafts it
What About the Children?
Making sure the physical welfare of the children is accounted for is a crucial step to take in your divorce. Were they physically abused too? What are the ages of your children? Are they old enough to testify in court “in camera” alone in the Judge’s chambers if it is absolutely necessary? If not, are they able to recount what happened to a law enforcement officer, a Florida DCF investigator, and/or a Manatee County Sheriff’s Office Child Protective Services investigator?
Another related issue is should your spouse be granted timesharing visitation privileges if he has committed domestic violence against you? You must tell your Sarasota family law attorney Matthew Martell absolutely everything and remember that what you tell him is attorney-client privileged and confidential. This is not the time to feel sorry for your spouse and withhold important information about prior domestic violence incidents from your lawyer.
What About Men Who Experience Domestic Violence?
This is actually more common than you might think. It often goes unnoticed because the man does not report it and/or is too ashamed to tell anyone that it is happening to him. If this is the case, as with any divorce case involving domestic violence, hire an experienced Sarasota family law lawyer like Matthew Z. Martell, Esq. right away.
At the Law Offices of Matthew Z. Martell, P.A. we have overseen divorce cases where the man was a victim of domestic violence. This is not something to be taken lightly. Domestic violence should not be tolerated in a relationship whether it is against a man or a women. This law firm will approach divorce proceedings involving domestic violence with sensitivity, make sure you are treated in a dignified manner, and will always advise you to have a “zero tolerance policy” against any physical domestic violence moving forward.
Other Issues to Make Your Attorney Aware Of in Domestic Violence Family Law Cases
This can involve, but is not limited to, where you want to live after the divorce? Do you want to move far away from your present location to get away from the domestic violence abuser? Or do you feel secure enough staying where you are currently living? This is important to the divorce proceedings because if you want to move and you have minor children, then you need to file a petition for relocation with minor children as a separate count in your divorce petition.
If you fear for your safety in your current city, you do not want the court to rule that you must stay there. Your estranged spouse’s timesharing can also be determined by this because if you and the kids are allowed to move more than 50 miles away, then at a minimum you will need a Long-Distance Parenting Plan put into place. Talk over your decision to stay or move with your Sarasota, Bradenton, Lakewood Ranch and Venice, FL divorce lawyer Matthew Z. Martell right away. For the best results, always consider just directly hiring the Law Offices of Matthew Z. Martell, P.A. today!
