How Can Domestic Violence Affect Divorce?

Divorce is never easy, but when domestic violence is a factor, things can get infinitely more complex. Discussions of child visitation and custody are immediately made minefields if a parent has been convicted of a crime of domestic violence, and it can cause major problems for that parent in terms of establishing that they are not a danger to their child. If you have been charged with domestic violence and you are getting divorced sometime soon, it is crucial that your domestic violence charges are handled appropriately, so as not to jeopardize your relationship with your children.

A Broad Statute Means More Domestic Violence Convictions

Florida’s domestic violence statute encompasses a broad range of offenses, meaning that even if you do not believe your offense was one of domestic violence, it may qualify. Any criminal offense resulting in “physical injury or death” to the victim, when the victim has a certain relationship (spouse, former spouse, unmarried co-parent, or someone residing with the perpetrator ‘as a family’) to the perpetrator, is classified under the domestic violence umbrella in Florida.

There is no real crime of domestic violence in Florida; rather, the presence of domestic violence acts as a sentencing enhancement for those convicted of this kind of offense. This is particularly important in cases where couples are divorcing, because a parent who has been convicted of a non-domestic crime does not immediately have a rebuttable presumption against them that their presence would not be in the best interests of their children. Someone convicted of domestic violence does.

May Affect Your Visitation Rights

It is the public policy of the state of Florida that unless there is evidence to the contrary, a minor child should have a relationship with both their parents after a divorce. In Florida, child custody (also referred to as parental responsibility) is decided by using a list of factors submitted to the judge. Some of those factors include the child’s preference (if over a certain age), the stability of each parent’s home life, the parents’ physical and mental health, and each parent’s overall relationship with the child. Domestic violence is one of those factors; it creates a ‘rebuttable presumption’ that that parent’s presence in their child’s life would not be in the ‘best interests’ of the child.

Florida’s parental responsibility statute is explicit that if a parent has been convicted of an offense of domestic violence that is a first-degree misdemeanor (or higher), it is presumed that their having any interaction or visitation with their child might be detrimental to that child’s well-being. The presumption is rebuttable, meaning it can be overcome, but if it is not overcome, a court is within their rights to severely limit (or even bar) your seeing your children. This is why it is crucial to ensure that your domestic violence case is handled properly – in some cases, it may be possible to plead to a lesser offense.

Contact A West Palm Beach Domestic Violence Attorney

If you are a parent, it only takes one domestic dispute to put your legal relationship with your children into a possible state of flux. You need the right West Palm Beach criminal defense attorney to protect your interests – Perlet & Shiner, P.A. has handled many of these cases before, and will work hard on yours. Contact our office today to speak to an attorney.

Source:

flsenate.gov/Laws/Statutes/2021/741.28