Deborah Nabat Family Law Blog on Lawyers.com

How to gain protection against an abusive spouse?

Thursday, May 7, 2009 by Deborah Nabat

There are several options to gain protection against an abusive spouse in Florida:  

Most states have both criminal and civil domestic violence laws to protect against spousal abuse.  Physical abuse may be reported to the police, which may cause the abuser to be arrested and charged, and perhaps jailed. The judge would likely impose a temporary protection order that prevents the abusive spouse from contacting the other spouse, and possibly their children.  Some states allow a spouse to file for a protection order without requiring a report to the police. 

Florida family law permits a domestic violence victim, or someone in imminent danger of becoming a victim, to apply for an injunction to restrain the abuser from committing acts of domestic violence such as any assault, aggravated assault, battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or other criminal act that results in physical injury or death.  Stalking includes following and repeatedly telephoning the victim.  Persons may seek domestic violence injunctions not only against spouses, but against any abusive household member.  The police have a duty to enforce a domestic violence protective order, and the person violating the order could be arrested or charged with contempt of court.

About Us:

The Miami divorce attorneys at Isenberg & Nabat concentrate their practice on South Florida family law and divorce-related issues, including child support, child custody, visitation and alimony.  Additionally, the firm offers legal services in Florida on paternity law, domestic violence matters, contempt proceedings, and post judgment issues.

Posted at 16:40 PM
Topic: Family Law
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