Dealing With Domestic Violence Issues

A person may seek his or her protections offered by this area of the law as long as the person has reasonable cause to believe that he or she is in imminent danger of becoming a victim, or has been a victim, of an assault, battery, sexual assault or battery, stalking, kidnapping, false imprisonment or any other criminal offense resulting in physical injury or the possibility of physical injury.

This is a very complicated area of the law that has been abused by some in an effort to gain an advantage in a time sharing/custody dispute. The effects of an adverse judgment can have consequences in a divorce action.

Allegations of domestic violence are extremely serious and should be handled accordingly. These issues often require the attention of an experienced domestic violence lawyer. At the law firm of James C. Campbell, LLC, we represent clients who have been accused of domestic violence. We understand the severity of these types of charges, and act quickly to minimize the impact to our clients and their futures.

Domestic violence can include physical assault, sexual assault, verbal abuse, threats, stalking, harassment and a number of other actions. Even before any criminal charges are leveled, you may be facing a restraining order and complications in any family law orders you have established, such as child custody (time sharing).

For a better understanding of this area of the law refer to Florida Statutes 741.28 thru 741.30, 784.046 (repeat sexual violence) and 784.048 (stalking).

Contact us today to further discuss your options for dealing with domestic violence defense and restraining order issues in Oskaloosa County and throughout the Panhandle.

Injunction Hearings

In Florida, a restraining order is called an injunction. However, the term restraining order is still used as well. The hearing that takes place in order to have a restraining order established is called an injunction hearing. Having an attorney represent you at an injunction hearing can help ensure that your rights are protected.

If an injunction is granted, your access to your home, your children and some of your property may be limited, as you may not be able to go within a certain distance of your home. Our firm assists clients in working to have a restraining order request dismissed so that our clients are able to continue living their lives as normally as possible as we seek to resolve the domestic violence or spousal abuse allegations. Our firm also assists clients who desire to obtain an injunction against a spouse, family member, boyfriend or girlfriend.

Burden of Proof

The burden of proof in criminal domestic violence cases is on the victim. The amount of evidence needed is substantial. However, in some Injunction cases, false proof may lead to an Injunction charges that should not have been filed. You need a lawyer to stand up for your rights in domestic violence cases, whether there is an abundance of proof or not. Unfortunately, judges often err on the side of caution, which results in the entry of an injunction. Legal representation at these proceedings is very important to make sure the evidentiary standards are met before an injunction is entered on a permanent basis.

It is essential that you seek the advice and guidance of an experienced lawyer if you are facing domestic violence allegations or charges. Contact us today to speak with one of our attorneys about your rights and options.

Representation of Victims

In some cases, we represent the victim of the domestic violence. We can handle all aspects of their situation, from the family law side (dealing with modification of any custody [time sharing] orders) to the criminal side (assisting in the seeking of charges against the aggressor).

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