Child Custody Cases and False Domestic Violence Injunctions
Very Often A Parent Will Allege Domestic Violence In A Custody Case Which Leaves Judges And Lawyers To Figure Whether Violence Took Place Or If It Is An Attempt To Gain Advantage In Litigation
Throughout the litigation process in family law cases it is quite common to see a party file what is known as a petition for an Injunction for Protection Against Domestic Violence. This is a legal petition wherein the person seeking the injunction makes an allegation of domestic violence, or a serious threat of domestic violence, and seeks an order keeping the other person from contacting or coming around for fear of their safety. An Orlando child custody attorney can properly advise you on your individual facts and help you to determine an approach for your case.
Under normal circumstances the injunction process is a very positive and important mechanism to ensure the safety of victim of domestic violence. However, many times a party to a divorce or child custody case will attempt to use a domestic violence injunction as a tool to gain an advantage in a different custody or divorce settlement case.
There are many reasons why a party may do this including, but not limited to: trying to show the other parent to be unsafe, intimidating the other parent into giving in to their custody demands, or even to keep the child completely away from the other parent. The latter of these can be the most heartbreaking as the injunction, if granted by the court, often translates into a very restrictive time-sharing schedule between the other parent and the child at issue in the case.
There is, however, hope for justice when a parent seeks an injunction for Protection Against Domestic Violence in order to gain an advantage in a custody case. This comes mainly from the fact that most domestic relations, or family court, judges in Orlando Florida have years of family law experience and can therefore sniff out a party who has filed for a domestic violence Injunction for the wrong reasons. This is good because the judge has the authority to decide whether to grant the injunction on some permanent basis or to dismiss the injunction all together.
Another resource that innocent parents have is in consulting experienced attorneys who practice family law in Orlando, FL. This is because most of the time an experienced lawyer can flesh out the facts at hearing to show the Court that the injunction should not be granted due to the dishonesty of the petitioning party.
Of course it is important to note that the majority of domestic violence injunction requested each day are legitimate and the safety of the petitioner and child does mandate the granting of an injunction. In these types of cases Orlando judges are equally skilled at knowing when to grant the injunction in a case where one is truly needed.
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.