Domestic Violence & Florida Divorce

If you have been charged with a crime of domestic violence in Florida, you know the stakes are high. A conviction can lead to loss of one’s firearm rights, to jail time, to the worst possible loss for many parents: the loss of the right to see one’s children. It is unfortunately not uncommon for a victim to seek a divorce from their alleged abuser; what many do not know, however, is that even if your children were not involved in any alleged abuse, the court may restrict your access.

The “Best Interests Of The Child”

The state of Florida defines domestic violence as any criminal offense resulting in physical injury or death to a member of the perpetrator’s household (which not only may include a spouse and children, but also an ex-spouse, an unmarried co-parent, and others). It also lists certain examples which might qualify as domestic violence crimes, such as assault, battery, or stalking, but the list is not meant to be expansive.

It is not uncommon for a domestic violence conviction, or even, in some cases, an arrest, to lead a spouse to divorce the alleged abuser, usually out of concern for their children – after all, no parent wants to willingly expose their children to danger. Florida’s courts tend to agree, placing the best interests of the children above the rights of their parents if they see fit. This can mean a loss of parental responsibility (custody, in other states) if the court deems it appropriate.

No Conviction Required

A Florida court has the power to either deny you custody or impose supervised visitation, depending on the specific facts of your case. One of the most important things you can keep in mind in this situation is that in a divorce, the court does not require that you be convicted of a domestic violence crime for you to potentially lose parental responsibility. The relevant statute holds that while sharing custody is the ideal, this will not occur if there is evidence that it would be detrimental to the child. “Evidence of domestic violence” is first on the list of examples.

While a conviction for this type of offense will create a “rebuttable presumption” that your having custody would be detrimental to the child, this does mean that it can be overcome in some cases. Ultimately, the court will do what is best for your child or children, but it will often give you the chance to establish your intentions before resorting to a harsher outcome.

Contact A West Palm Beach Domestic Violence Attorney

If you have been charged with a crime of domestic violence in Florida, you need a West Palm Beach domestic violence attorney who understands the interplay between this case and other potential issues. The firm of Perlet & Shiner, P.A. has handled many of these cases, and will work hard on yours. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html