Articles Posted in Domestic Violence

As an experienced Jacksonville Beach Divorce Lawyer, I often see couples at their worst. Many times, when a relationship is breaking up, the civility between the parties is also lost, and the harassing begins. This harassment can go from simply bothersome to criminal.

Florida law requires that if you feel that you are becoming the victim of harassment, you must first put the offender on notice to stop calling you or your family members or to cease the harassing act. You should keep a log of each call with the time, date, and number from where the call came and from whom. If the offender continues to harass you after being placed on notice to stop, then the act becomes criminal and you may seek the protection of the police or the Office of the State Attorney.

Also harassment may rise to the level of domestic violence if the harassment includes a threat or threats of violence. If physical threats have been made and there is a history of domestic violence an injunction (aka restraining order) may be an option.

Domestic violence is a serious issue, and you should speak with the proper authorities as well as an Orange Park Domestic Violence Attorney if you have been a victim. But you may need to go a step further and have the court grant a protective order or an injunction preventing the other person from contacting you. This allows the police to arrest the person if he or she violates certain provisions of the court order. If he or she is arrested they could be looking at misdemeanor criminal charges placed against them.

However, what exactly does Florida law define domestic violence as in order to get an injunction?

“Domestic violence” means 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.

As a Jacksonville Family Law Attorney I have worked on numerous domestic violence injunction cases. Through my work on these cases I have come to understand there are many ramifications stemming from injunctions for domestic violence that people are simply and completely unaware of.

Specifically, not even one of my past clients was aware of the effect domestic violence injunctions had on their gun rights. None of these clients had ever heard of the Lautenberg Amendment. Well, I’m going to take this opportunity to give a very brief rundown on this very topic.

The Lautenberg Amendment, which is often referred to as the Domestic Violence Amendment to the Gun Control Act, is codified at 18 U.S. Code §922(g)(9). In summary this act bans the ownership and use of firearms or ammunition by individuals convicted of a misdemeanor where the underlying charge is that of domestic violence, or who are under an injunction for domestic abuse. This act also makes in unlawful to knowingly sell or give a firearm or ammunition to such persons.

As a Jacksonville Family Law Lawyer, I am well versed in the issues of Domestic Violence and its effects on Jacksonville families. Domestic Violence seems to pop up in nearly 50% of my cases; whether the case be one of divorce, paternity, termination of parental rights or modification. The possibility of domestic violence being an issue is always on my mind.

I can’t help but wonder with St. Patrick’s Day coming up and the large amount of beer flowing, would Jacksonville domestic violence and or alcohol related crime rates experience an increase. With this question on my mind I decided to look into the relationship between alcohol and domestic violence.I stumbled upon the Stop Violence Against Women website and read a page titled, “Myths About Alcohol and Domestic Violence.”

The page read, “The relationship between alcohol or other substance abuse and domestic violence is complicated. A prevailing myth about domestic violence is that alcohol and drugs are the major causes of domestic abuse. In reality, some abusers rely on substance use (and abuse) as an excuse for becoming violent. Alcohol allows the abuser to justify his abusive behavior as a result of the alcohol. While an abuser’s use of alcohol may have an effect on the severity of the abuse or the ease with which the abuser can justify his actions, an abuser does not become violent “because” drinking causes him to lose control of his temper.”

Jacksonville has long been regarded as the most violent city in Florida, even beating out Miami. In 2010, Duval County had a total of 7,798 domestic violence offenses. Thus, it is not surprising that New4Jax.com is reporting that more women are choosing to arm them selves for self defense purposes.

News4Jax’s January 4th article titled, “More Women Packing Heat,” states that, “there are between 15 and 20 million ladies packing heat these days and target shooting is one of the fastest-growing female sports.” Also, gun expert Bill Martin has had such a large demand from women he has had to create all-female concealed weapon permit classes.

It looks as though more and more women are taking precautions to defend themselves from a potential attack.