Family law is an area of law that deals with matters involving people who share a close relationship. It includes marriage and divorce, custody disputes, support payments, domestic violence, child abuse and more.
It’s a very people-focused field of law, so lawyers who choose to practice in this area must have a strong empathy for their clients and a caring, non-judgmental attitude toward their cases. In some cases, it can be difficult to determine the best course of action for a client who may be suffering from emotional issues or who may be experiencing abuse.
A person who has been abused or who has been threatened by someone in their family should seek help from the police and from a lawyer experienced in the matter. These individuals should also ask for a restraining order against the person who is abusing them.
This order will prevent the offender from entering or leaving a person’s home, and it will also restrict their contact with children. It will also require them to pay a specified amount of money to cover medical and legal costs, as well as court fees.
If a person is seeking to have a protective order issued against them in Florida, the first step in the process will be to make a request for such an order through your local family court. The judge will then review the allegations made against the person and may hold a hearing to decide whether or not an order should be granted.
The court will then consider a number of factors, including the person’s history of violence and the effect the violence has had on the victim. The judge will also look at the current level of danger that the offender presents to the victim, their children and others in the household.
Having a restraining order in place can also be beneficial in a custody dispute because it can prevent a parent from putting the children at risk of further violence or neglect. The judge may even be able to award the parent some supervised visitation with their children until such time as additional orders are issued by the court.
When a child is being subjected to domestic violence, the court will often take this into account when making decisions about parenting time and custody. However, there is a presumption that the abuser will not be awarded any custody or parenting time unless they can show that it has been overcome (or rebutted).
It’s important for victims of domestic violence to understand their rights in a custody dispute. This will help them to protect themselves and their children, and it can also be beneficial in a criminal trial if the abuser is being prosecuted for a crime related to domestic violence.
If a victim is concerned about the potential impact that their case will have on their children, they should consult with a Miami-Dade County family attorneys who can help them through the process. The attorney can then help them understand the law and what they can do to protect their children and ensure that they have the best possible outcome.