Navigating Domestic Violence Allegations in Divorce Cases
The Reality of Domestic Violence Claims in Family Court
Domestic violence allegations in divorce cases almost always lead to high-conflict situations. Once an allegation is made, especially when a petition for protection is filed, the story becomes locked in. Whether the claims are true, exaggerated, or false, the accuser usually feels compelled to stick to their story to avoid being seen as dishonest.
Why Injunctions Are Entered Quickly in Florida Family Courts
In cases where there is photographic or other evidence, judges tend to issue injunctions swiftly. Their priority is safety for the alleged victim and the children. Judges are cautious because they don’t want to risk dismissing a case that later results in tragedy. This means injunctions can be entered even when the injuries are minor or the incident is isolated.
The Impact on Custody and Visitation
Once an injunction is in place, visitation is typically supervised, and this power shift can embolden the accuser, making negotiations difficult. The alleged abuser’s access to the children becomes limited, often sparking prolonged battles over custody and visitation.
How Guardians ad Litem Help in Florida Custody Cases Involving Domestic Violence
Appointing a guardian ad litem—a neutral attorney-investigator focused on the child’s best interests—can be a game changer. They conduct thorough investigations, interview all parties including the children in neutral settings, and make custody recommendations that judges usually follow. When a guardian finds that the violence was an isolated incident and the alleged abuser has taken steps like therapy and anger management, it can lead to equal parenting time despite the injunction.
Guardian ad Litem Florida: What Happens When Relocation Enters the Picture
If one parent files to relocate far away, the guardian evaluates if the move benefits the child. Courts often prefer maintaining stability and may allow the child to stay with the other parent for the majority of the time if the reasons for relocation are insufficient.
Strategic and Tactical Legal Approaches Win
Family law is not about rushing to trial with guns blazing. It requires careful strategy and planning. When you plan carefully, you avoid unnecessary conflict, reduce stress and expenses, and improve your chances of winning favorable outcomes for your client and their children.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.
