Domestic Violence

Florida Statute, Domestic Violence

Florida Statute 741.28 defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” In addition, Florida Statute 741.30 provides protection to individuals who have “reasonable cause to believe he or she is in imminent danger of becoming the victim of any act of domestic violence.”

A family or household member refers to “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.” Other injunctions may also be available for protection against repeat, stalking, dating, or sexual violence, in addition to protecting the elderly.

Domestic Violence

As a victim of domestic violence your first action should be to remove yourself and your children from the danger. Then report the occurrence by notifying the police. Laura Callahan, P.A., will assist you in exercising your right to file for a Domestic Violence Injunction. The procedure allows you to get a temporary and/or permanent injunction against the person who has committed domestic violence against you. If the Court finds domestic violence, the Court may provide you with exclusive use of the home, temporary custody of your children, and temporary child and spousal support.

Laura Callahan, P.A., will also assist accused parties in domestic violence proceedings to protect their legal rights. She aggressively works to protect the civil rights of the accused, and other rights regarding the children involved.

Each case is unique, and there are never guarantees regarding the outcome. If you are a victim of domestic violence or if you have been accused of domestic violence, Laura Callahan, P.A., will evaluate your situation and explain your options.

Laura Callahan, P.A., will provide the confidential legal assistance you need to navigate this process.