RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Domestic Violence and Abuse

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Gainesville Domestic Violence and Abuse Attorney

Gainesville Domestic Violence and Abuse Attorney Karen S. Yochim, of the Law Office of Alba & Yochim P.A., represents clients in proceedings involving issues of domestic violence and abuse. Issues of abuse and violence can have a profound effect on a family, both for the victim, as well as other persons that may be directly affected by the presence (or allegations) of domestic abuse. What many are unaware of, is that issues of domestic violence can also greatly affect the processes and procedures involved in family law proceedings. While both parties to a dissolution, custody, support, or visitation proceeding have the need to resolve to their disputes, a distinctive approach must be taken during the resolution process for matters that involve domestic violence or abuse issues.

It is first useful to understand how the court defines domestic violence and abuse in a family law proceeding such as a divorce, child custody, child support, or visitation matter. While the court will take into consideration allegations of domestic violence and abuse, the court must also establish the factual basis of such allegations through a finding of either a history of domestic violence, or reasonable cause to believe that a party is in imminent danger of becoming a victim of domestic violence. It is important not to confuse a domestic violence finding in a family law proceeding with a proceeding in which a victim seeks an injunction for protection, because a finding of domestic violence for injunction purposes is not necessarily a prerequisite to a finding of domestic violence in a family law proceeding.

If you are a party to a family law proceeding involving issues of domestic violence, it is important that you protect yourself and your family by knowing the manner in which this may affect the legal processes involved in a dissolution, support, custody, or similar family law proceeding. For example, if the court finds a history of domestic violence, you may be exempt from mandatory mediation, attendance at parenting coordination, or other requirements that would force contact or interaction between the parties. Issues of domestic violence can also affect determinations concerning forced communication between a parent and child. In fact, under Florida law, the court is required to consider a history of domestic violence before ordering electronic communication between a parent and child.

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There are also many other potential results that can occur upon a finding of a history of domestic violence. In some cases, a finding of a history of domestic violence will allow for an expedited enforcement of a child custody determination. Also, the court can consider a history of domestic violence as a risk factor in determining whether a party may violate a parenting plan by removing a child from this state, or concealing the whereabouts of a child, for the purpose of assessing the need for a bond or other security. In addition, the court may decline to exercise jurisdiction if it is determined that the court of another state is more appropriate to protect the interest of the parties and child.

Whether you are the victim, or alleged perpetrator of domestic violence or abuse, and are also a party to a dissolution, custody, visitation, support, or similar family law proceeding, consulting with a family law attorney can ensure that your legal rights are protected to the fullest extent possible. The law affords protection to both parties to a dispute involving issues of domestic violence and abuse. With decades of combined practice experience, the Law Office of Alba & Yochim P.A. will fight for your rights every step of the way.