"No person has a right to physically hit, push, shove, shake, or abuse another person, even if that person is his or her spouse or child. Domestic violence and child abuse are crimes and will be prosecuted as such.
Florida Statutes provide an expedited process for obtaining an "injunction for protection against domestic violence." Forms have been established for seeking immediate injunctions when a person reasonably believes that he or she is in imminent danger of harm from a domestic partner. Available relief includes immediate exclusive use of the home, immediate temporary custody of the children (with or without temporary visitation) and where appropriate, financial relief. The petition must be submitted under oath and must factually lay out a basis for a reasonable fear that without this special order the person applying for the order will be hurt. Generally, an evidentiary hearing will take place within 15 days to allow the other party a chance to dispute the charges and to allow a judge to determine how the case will then progress. A person against whom a domestic violence injunction is issued, may not own or possess a firearm or ammunition. Domestic violence injunctions
are enforceable nationwide.
Florida law provides that evidence of domestic abuse, or a false allegation of domestic abuse, may be considered as a factor in determining a child's primary residence and parental responsibility. Similarly, false statements under oath in domestic violence cases may result in criminal prosecution for perjury."
Reprinted from the Family Law Handbook by the FL Bar Assoc.
