Articles Posted in Domestic Violence

pistol.jpgAs a Florida family law attorney, I have people who need help in protecting themselves against domestic violence. I also defend people who have had a Petition for Domestic Violence filed against them. Many times, this area of law is the most misused. Many people who have had an injunction filed against them do not understand that if you get an injunction granted against you, you will not have the right to own, carry or possess a firearm. This can be very costly to those who use a firearm in their line of employment. Instead of simply agreeing to the injunction, the best way to protect your firearm rights is to contact a Jacksonville, Florida injunction attorney who can defend your rights before a Judge.

domestic violence.jpegAs a Jacksonville Beach Domestic Violence Attorney, I have represented numerous individuals who have fallen victim to domestic violence. However, at the beginning of my representation I noticed that many of my clients did not fully understand what domestic violence is and what are their rights and remedies.

Florida Statute 741.28 (2) defines domestic violence as, “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.”

If you have become a victim of domestic violence and are wondering what your options are please contact a Jacksonville Beach Domestic Violence Attorney today for the help you most likely need.

Gay, Lesbian, Straight, Black, White, Whoever you are . . . we All do things we regret, including breaking Florida law. However, there are often times when gay or lesbian people are judged and convicted for none other than just their gender identity and/or sexual orientation. No one deserves to be judged in this way.

Whether your crime is a minor infraction or something more serious, you deserve an experienced criminal defense attorney who will not judge you for who you are but will counsel you for what violation you have committed. Review our Criminal Defense Blog which will provide you with interesting articles about criminal law.

no shooting.jpgAs a Jacksonville, Florida criminal defense attorney and a Florida family law lawyer, I deal with cases of domestic violence quite often. Many times, the allegations are warranted and many times, they are not. If an injunction for protection against domestic violence is granted against a person then the federal law states that that person no longer has the right to own a firearm. Likewise, if a person is arrested on a criminal charge of domestic violence and pleads to a lesser charge, that person will not be allowed to possess or own a firearm since the original charge was domestic violence. It is extremely important to contact a Florida family lawyer and/or Florida criminal defense lawyer if either of these two situations happen to you.

supreme court.jpgThe U.S. Supreme Court will soon be hearing a case involving parental rights and allegations of child abuse.

The Court will be hearing a 2003 case involving a caseworker that interviewed a child regarding allegations of sexual abuse by her father, while, allegedly, refusing to allow the mother of the child to be present at the interview and subsequent sexual abuse medical examination.

The Mother alleged her Fourth and Fourteenth Amendment rights her violated. However, once the case made its way to the Ninth District Court of Appeals the court ruled partially in favor of the caseworker; ruling he had quasi-judicial immunity.

blue ribbon.jpegAs a Jacksonville Child Custody Attorney, I often see cases involving child abuse and child neglect. I run into these issues primarily in cases involving termination of parental rights or simply child custody disputes.

Florida defines abuse as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

When I run into cases involving allegations of child abuse I always tell my clients of the importance of reporting such abuse. Florida Statute § 39.201 defines when it is required to report child abuse, abandonment, or neglect.

domestic violence same sex.jpgIn a crucial step to ensuring that same-sex couples, including Florida gay and lesbian couples, are also protected against the dangerous acts of violence within relationships, the Department of Justice has make clear that the criminal provisions of the Violence Against Women Act (VAWA) is intended to protect individuals in gay and lesbian relationships as well as those in heterosexual ones.

In April, 2010, the Assistant Attorney General, declared that the text, relevant case law, and legislative history all support the conclusion that the Violence Against Women Act applies with equal force in cases when the victim and perpetrator are of the same sex. The Department is working to ensure that all U.S. Attorney offices are aware of the law’s applicability to LGBT relationships.

Domestic violence knows no distinction or boundaries. Whether you are a Jacksonville gay, lesbian or heterosexual person, domestic violence is unacceptable and needs to be stopped. Florida domestic violence is often a difficult topic to talk about, but conversation must occur. A confidential consult with a Jacksonville Criminal Defense Attorney might just be the first step you need to stop the violence and get help.

Domestic violence is a serious issue not to be taken lightly.

However, it is important not to overlook the possibility of false domestic violence accusations and the consequences they produce. Such accusations can destroy the reputations of the accused and can cause overwhelming legal fees if fought through the courts.

False domestic violence claims are often times a fast and effective way for a party to win child timesharing and speed up divorce cases.

NewCheif.com wrote an article on this exact issue, entitled “Florida Dads Asking for Help Against False Accusations.”

1307594_mobile_phone_in_handAs an experienced Jacksonville 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 the offending act 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. It is important to have a Florida Family Lawyer to help you address the issue and to file the appropriate documents in your divorce. Taking these steps will help stop the harassment while the divorce process is pending.

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