The intersection of divorce and domestic violence is a deeply sensitive and potentially traumatic space for victims. For many, the process of leaving an abusive relationship and seeking a divorce is one full of fear, uncertainty, and overwhelming emotions. The legal system can seem intimidating and confusing, adding to the stress of an already difficult situation. Understanding the legal and emotional aspects involved is crucial for anyone navigating these challenging circumstances.
Domestic violence does not just complicate the divorce process; it could transform it into a fight for safety, dignity, and justice. Custody decisions, financial settlements, and even basic peace of mind can be impacted by the presence of abuse. It is essential to know that you are not alone, and there are protections and resources available to help you through this time.
Here at Divorce & Mediation Law Firm l Cabanas Law Firm, we are especially passionate about assisting victims of domestic violence, as our founding and managing attorney Sergio Cabanas had a personal experience recently which left him forever changed. Just yards away, in the home next door to his, a 2-year-old was murdered by her own father, who was fighting in a custody case with the child’s mother.
At a press conference Atty. Sergio Cabanas gave following the tragedy, he stated, “We have to protect our children….what happened was horrible, and I work as a lawyer day in and day out handling domestic violence cases. It is one thing to work on it from a legal perspective, in theory, but to actually go out into your front yard and see a young girl being wheeled into an ambulance? It is heartbreaking. It hit home the reality of what we do day to day. That is why it is on us to do what we can to protect our children. That means me, that means you as reporters and the public. I want to raise awareness.”
We are committed to doing anything and everything we can to educate and empower victims to seek a safe harbor and urgently exercise all of the legal remedies available to them: alerting law enforcement, filing a restraining order, and above all, working with a knowledgable attorney who has regularly worked on domestic violence cases.
In this blog, we aim to act as a compassionate guide to those in desperate need of help and offer insights and practical advice that could, quite literally, be the difference between safety and danger, life and death. Whether you are a victim seeking protection and justice or someone supporting a loved one in this situation, this resource will provide you the knowledge you need to make informed decisions and seek the appropriate legal recourse.
1. Help Is Available.
The first and most important thing you need to know is that help is available. If you are in immediate danger from domestic violence or abuse, stop reading this article and contact the police immediately.
Document any evidence of the incident to share with the police when they arrive, as it will be crucial for their official report. If you believe you or your child is in danger, there are legal remedies and support available through domestic violence helplines, shelters, and religious organizations. The number for the Florida Domestic Violence Hotline is 1-800-500-1119.
The first step in dealing with domestic violence is to seek legal assistance as soon as possible. Legal remedies, such as restraining orders or stay-away orders, can protect you and your loved ones from further harm. Even if a judge does not grant a restraining order, continue gathering evidence to support your case or explore options to appeal the decision, if you believe that there is a mistake.
To get legal assistance, contact a local attorney seasoned in domestic violence and child custody (also known as time-sharing in Florida) if children are involved. Request a consultation to learn about your legal options to stay safe and protect your family. You can contact our firm directly at 954-447-2580.
2. Domestic Violence Will Have A Significant Impact On Your Divorce And Custody Case.
Whether the domestic violence was already occurring or began occurring as a result of the divorce proceedings, the way your case moves forward will be drastically impacted. It may be necessary to accelerate the timeline of your divorce, which may warrant emergency hearings. Florida allows emergency motions to be filed in family courts in instances of domestic violence and/or child abuse in order to expedite legal action in crisis situations. It is crucial to speak to a knowledgeable divorce attorney who is familiar with the Florida family court system and can help you determine the best course of action.
3. Domestic Violence Does Not Always Look Like Physical Violence.
Non-physical violence is not always as obvious as physical violence, but it can be just as harmful. There are many ways your abuser may try to control you through emotional, verbal, financial, or psychological abuse.
Emotional and verbal abuse includes behavior such as name-calling, constant criticism, victim-blaming, and accusations. Their aim is to undermine your self-esteem and independence to try and make you doubt or dislike yourself, making it easier for them to control you.
Moreover, they may control your ability to acquire, use, or maintain financial resources, or in more severe cases of financial abuse, take loans and credit out under your name without your consent.
Finally, psychological abuse involves tactics to frighten, manipulate, or control you by isolating you from friends and family, dictating your daily activities, or using threats. A frequently used tactic of psychological abusers is gaslighting, in which they attempt to make you question your perceptions, memory, and sanity.
4. Evidence And Documentation Are Critical.
Evidence and documentation of the abuse you have suffered will play a substantial role in your divorce proceedings. Some examples of evidence that can be used to build a compelling case on your behalf include:
- Verbal testimony from you or your witnesses
- Medical reports of injuries from the abuse
- Pictures (dated) of your injuries
- Police reports from instances when you or a witness contacted law enforcement
- Household objects torn or broken by the abuser
- Pictures of your household in disarray after a violent episode
- Pictures of weapons used by the abuser against you
- A personal diary or calendar in which you documented the abuse as it happened
- And anything else you can think of that may be proof.
As unfortunate as it is to say, it is common for individuals – especially those going through high-conflict divorces – to make allegations of domestic violence. The more evidence you can provide to the judge to corroborate your claims, the better off your case will be and the greater your chances of securing safety.
Waiting Even One More Day To Take Action Could Be Too Late. Contact Our Firm As Soon As It Is Safe To Do So.
We are committed to protecting the safety of you and your children (if you have them). We are a tenacious and compassionate team that truly cares for your well-being, and we always do what is necessary in the face of the most challenging situations. Despite the pain and trauma you have endured, we want you to know that there could be a happy life waiting for you, and we can put you in the best position to achieve it.
Call our firm today at 954-335-9851 today to request your Free 15-Minute Case Evaluation and learn more about how we can get you the relief and the protection you deserve.
