Domestic Violence And Your Divorce
Several aspects can positively or negatively affect your divorce case. At James R. Schaffer, P.A., we often see a correlation between domestic violence injunctions and family law matters. We take domestic violence seriously, as we know there can be immense repercussions for everyone involved. We use our litigation experience to represent victims and defend the wrongfully accused. Attorney Schaffer understands what is at stake and works hard to find solutions in the best interests of families.
The Impact Of Domestic Violence In Divorce Cases
A domestic violence injunction or charge can have a serious impact on several aspects of your divorce case. While each situation is unique, the following can be directly influenced by a domestic violence claim:
- Asset division: Florida is considered an equitable distribution state. The law requires property to be divided fairly between divorcing parties. Judges have the power to determine what is considered a fair division based on several components listed in Florida statutes. Domestic violence isn’t a specific factor, but judges may weigh a domestic violence charge in their consideration if they feel it is relevant.
- Timesharing and parenting time: Florida judges award legal custody based on supporting the best interest of the child. In most cases, shared parental responsibility is ideal, but a domestic violence injunction or charge may affect timesharing and parenting time for the accused. It may be determined that restrictions on parenting time or monitored visits are in the best interest of the child. In extreme cases, parental rights may be terminated.
- Spousal support: Financial discrepancy and need are addressed post divorce through the award of spousal support. The primary consideration when deciding spousal support is the financial need of the receiving spouse based on physical and emotional health, income, skills and employability. If family abuse has impacted the spouse’s ability to be self-supporting, an injunction for domestic violence can be added to the factors considered by the judge.
Advocating For Fair Settlements And Positive Solutions
A domestic violence injunction can add challenges to the divorce process. A skilled lawyer will protect your rights and advocate for your long-term interests. James R. Schaffer, P.A., uses extensive litigation experience to create strategic solutions you can count on. If you have experienced or been accused of family violence, contact our Florida office today. Call 813-314-7218 to speak with legal counsel you can trust. Located in Tampa, we serve clients throughout Hillsborough County.