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.
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 Campbell & Madden, PLLC, 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 on our clients and their futures. A final judgment of domestic violence against a parent can seriously affect that parent’s ability to prevail in a traditional custody battle.
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.
Complications For Family Law Matters
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. 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.
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 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.
Representation Of Victims
In some cases, we represent victims of 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).
Contact Us Right Away
It is essential that you seek the advice and guidance of an experienced lawyer if you are facing domestic violence abuse, allegations or charges. Call 888-646-1535 or email the firm today to speak with one of our attorneys about your rights and options.
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