In order to understand why this is the case, you should have a basic understanding of custody laws in Florida. First, there are two different aspects to child custody:

• Physical custody: the time you spend with your child visiting you or living with you; and
• Legal custody: the right to be a part of major decisions in the child’s life, including schooling, activities, religion, and medical care.

In Florida, physical custody is called “parenting time” and legal custody is often referred to as “parental responsibility.” How these rights are divided between parents is set out in a parenting plan that must be approved by the courts.

Florida law greatly favors joint parenting rights whenever possible and whenever it is in the best interests of the child. It is very difficult to demonstrate that denying one parent of any custody rights will be in the best interest of the child. Doing so will essentially terminate the rights of the other parent and that can only happen in very rare circumstances. Such circumstances may include a history of violent crime, serious abuse or neglect, substance abuse or addiction, or mental health disorders. Even under those circumstances, a court can allow the parent to have visits with the child that are supervised to ensure the child’s safety.

Trying to fight for sole custody requires you to show significant evidence that the parent is unfit to have any parenting rights to the court. Not only can these hearings involve airing personal dirty laundry in open court, but they can be extremely costly and time-consuming. An attorney can help you carefully consider if striving for sole custody is worth it in your situation. Instead of sole custody, you could seek one of the following solutions:

• Supervised visitation;
• No overnight visits with the parent if their lifestyle or living arrangement is questionable;
• The sole authority to make decisions for your child if the other parent cannot make rational and practical decisions.
• Shared custody with the condition of psychological evaluations or drug tests.

Contact a Knowledgeable Florida Child Custody Lawyer Today

While it may not be possible to obtain sole custody rights in many situations, there are cases that warrant such a determination. Boca Raton family law attorney Alan R. Burton will evaluate your situation and advise on whether seeking sole custody would be appropriate in your case. Even if you do not get full custody rights, we can fight to ensure proper restrictions are put in place to protect the wellbeing of your child. Please call for a free consultation at 954-229-1660 to learn more about our family law services today.

Emotional Abuse

Emotional abuse generally involves behavior that undermines a person’s self-esteem or results in a situation in which the abuser can exert significant control over the victim. This kind of abuse can include verbal threats, put-downs, yelling, humiliating, victim-blaming, isolating, and intimidation. In serious cases, victims of emotional abuse can develop serious psychological issues such as depression, anxiety, and post-traumatic stress disorder (PTSD).

Economic Abuse

Economic abuse is another form of abuse that can be used to exert control over the abuser’s spouse or significant other. This type of abuse involves the abuser controlling the victim’s financial situation, and can take various forms, including:

• Limiting the amount of money to which the victim has access;
• Preventing the victim from engaging in behavior that may establish his or her financial independence, such as going to school, getting training, or working;
• Taking advantage of the money that the victim is able to bring into the relationship;
• Closely monitoring the way in which the victim spends his or her money in order to maintain control.

Generally, this type of abuse is driven by a desire to ensure that the victim remains financially dependent on the abuser.

Establishing Non-Violent Abuse Can Be Difficult

Unlike physical abuse, which tends to leave visible marks and medical records, a pattern of emotional or economic abuse may be difficult for a victim to establish. Examples of the kinds of evidence that may help establish that such abuse was occurring include the following:

• Testimony provided by close friends, extended family, the couple’s children, or others with direct knowledge of the situation;
• Bank statements;
• Expert opinion from psychologists or psychiatrists;
• Direct evidence in the form of voicemails or recorded statements.

Contact a Boca Raton Divorce Attorney Today to Discuss Your Legal Options

If you are considering or going through a divorce in which domestic abuse may be an issue, you should contact an attorney as soon as possible. If you are a victim of domestic violence, an attorney will likely pursue a temporary restraining order that will help to ensure your safety while the divorce is pending. If you have been falsely accused of domestic violence, it is critical to retain a lawyer in order to start collecting evidence of your innocence. To schedule a consultation with Boca Raton divorce attorney Alan R. Burton, call our office today at 954-229-1660.

If a victim of domestic violence does decide it is time to leave a marriage, it is understandable that he or she would want to legally dissolve the marriage as soon as possible. Some individuals run into difficulties, however, if they have only recently moved to the state of Florida. This is because Florida law requires you to live within the state for six months before a family court judge will grant you a divorce.

Bill to Make an Exception for Domestic Violence Victims

A new legislative measure filed by state Representative Halsey Beshears (R-Monticello) would carve out an important exception to the residency requirement for a Florida divorce if one spouse has been physically or emotionally abusive to the other spouse and/or their children. This would mean that, if a marriage is abusive, a spouse would not have to wait six months after moving to Florida for a divorce.

Often, abusive spouses want to move their families away from family and/or friends to isolate them. This often means that the domestic violence victim does not have as much of a financial or emotional support system in a new home state. If an abused spouse has nowhere to go and no way to support children in Florida, he or she may be essentially held hostage in the marriage until the six-month waiting period is over. The new law seeking to change these often dangerous circumstances is in its early stages, but we will eagerly watch its progress and post updates here.

In the meantime, if you have not lived in Florida for six months and are in an abusive marriage there are other legal options to pursue before you can actually file for divorce. You should discuss your case with an experienced domestic violence attorney in Florida as soon as possible to learn how you can protect yourself and your children.

Ask a Committed Boca Raton Family Law Attorney for Help

Whether you are a victim of domestic violence, you want a divorce, or both, experienced Boca Raton family law lawyer Alan R. Burton can assist you. Our office represents individuals in a wide range of family law matters, including orders of protection, child custody cases, and the entire divorce process. We offer free, confidential consultations to evaluate your case and give you more information regarding how we can help in your individual situation. Please do not hesitate to call today at (954) 229-1660 for assistance.

Domestic Violence in the Sports Spotlight

In recent weeks, star running back Ray Rice of the Baltimore Ravens NFL team has made headlines due to allegations that he was physically abusive to his then-fiancée, now-wife Janay Rice. The NFL had originally suspended Rice for two games due to the allegations. This short suspension angered some advocates, however the NFL claimed they had no proof based on which to suspend him for a longer period of time.

However, gossip site TMZ recently released video footage showing Rice knocking out Janay in an elevator and dragging her body into the hallway. Even worse, proof has been offered that the NFL secretly had access to these videos and lied about it to support a shorter suspension. Since the release of the videos, the Ravens team has released Rice and he has been placed on “indefinite suspension” by the league.

Though the Rice case has video footage serving as proof of domestic violence, not all cases have such substantive proof. In fact, some cases may be fabricated to get the upper hand in a divorce case or to inflict pain on a domestic partner. One possible example of this is the recent case involving Boca Raton UFC fighter, Thiago Silva, who has faced accusations of attacking and pointing a gun at his then estranged wife. UFC officials originally swore that Silva would never be allowed to fight for the league again.

After reporting the incident to the police, however, Silva’s now ex-wife began acting erratically. She stopped responding to prosecutors and investigators and eventually moved back to Brazil without informing the authorities she was leaving. Without her testimony or other assistance, prosecutors decided to dismiss all charges against Silva. Silva claims that she falsely accused him because she wanted more money in their divorce agreement. Silva has been re-signed with the UFC for Boca Raton. This is one example of how false accusations may have ruined a person’s reputation and professional opportunities.

Contact an Experienced Boca Raton Family Lawyer for Help with your Domestic Violence Case

Whether you have been the victim of domestic violence charges or whether someone has falsely accused you of domestic violence, you should always have an experienced family law attorney representing you for any ancillary family court matters. Alan R. Burton is a highly experienced Boca Raton family lawyer who can assist you with a wide variety of matters in family court. Please do not hesitate to contact our office for help today.

Domestic Abuse Cases

Alcohol abuse is often linked with instances of domestic abuse. If you believe that your partner’s alcohol abuse has placed you or your children in immediate risk of harm, an attorney may help you apply for a temporary order prohibiting your spouse or partner from contacting you or your children. An order may also issue you temporary possession of the family home and temporary custody of your kids until you can have a formal hearing. At a formal hearing, a family law attorney can help you present evidence of your partner’s alcohol abuse and resulting threats or physical harm.

Sometimes, people make false allegations of domestic abuse to start to get the upper hand in an upcoming custody battle. If you have been falsely accused of domestic abuse, you may be facing serious consequences such as losing access to your children or criminal sanctions. You should always seek the help of a lawyer if false domestic abuse allegations have been made.

Custody

If you believe that your spouse has an alcohol problem, you may argue that shared custody or even unsupervised visits are not in the best interests of your child. On the other hand, you may have a spouse who is trying to keep your children away from you by falsely alleging that you abuse alcohol. Either way, it is important to have an attorney representing you.

If your spouse abuses alcohol, an attorney can help you get a court order that he or she may not consume alcohol while in contact with your children. This can be done by requiring an alcohol monitoring system, such as a SCRAM bracelet, a portable device that tests your breath for traces of alcohol, or through regular urine tests. Conversely, if your spouse has accused you of alcohol abuse, you may demonstrate that you are not using alcohol by using SCRAM or other tests. Regular clean test results can be strong evidence to present to a court that your spouse is making false allegations of alcohol abuse and that your children are safe around you.

Alan R. Burton is an experienced family law attorney who is dedicated to helping Boca Raton residents protect the well-being of their families in divorce, custody, and abuse cases. Mr. Burton has experience handling cases involving alcohol abuse allegations or any other issues that may complicate your case. If you are experiencing any family law issues, do not hesitate to call our office today for assistance.

What Exactly Is Domestic Violence?

Before you apply for an Injunction, you should be aware of the law’s definition of domestic violence. Florida law defines domestic violence as any of the following actions against a family or other household member:

• Assault
• Battery
• Sexual assault
• Stalking
• Kidnapping
• Any criminal offense resulting in injury
• Aggravated assault
• Aggravated battery
• Sexual battery
• Aggravated stalking
• False imprisonment
• Any criminal offense resulting in death

The law also defines “family or household member” as any of the following:

• Spouses or former spouses;
• Two people related by marriage or blood;
• People living together as a family, or who previously lived together as a family in a
• single housing unit; or
• Parents of the same child, whether they are married, divorced, or were never
• married.

If you have suffered any of the above actions, or have a reasonable fear that you are in immediate danger of one of the above actions by a family or household member as described above, you may file a petition for an Injunction for Protection with the court. You do not have to be seeking a separation or divorce or criminal charges against the spouse of family member to qualify for court protection. A judge may award a temporary Injunction without the presence of the other party if the judge deems it necessary.

A temporary Injunction prohibits the offender from any further acts or threats of violence against you, may order them to leave if you share a residence, can prohibit them from showing up at your home, work, or school, and can also award you temporary custody of any minor children who may be involved. Your immediate Injunction is only temporary, however, and in order to obtain a final Injunction, you will have to attend a full hearing in front of a judge. The other party will be able to present their own case against an injunction at this hearing, so it is always important that you have the assistance of an attorney.

If you have been the victim of domestic violence, your first move should call the police or otherwise make sure you and your children are safe. However, your next step should be to contact the Boca Raton law office of domestic violence attorney Alan R. Burton. Mr. Burton can help domestic violence victims obtain an Injunction for Protection and can help to enforce that Injunction to ensure you and your children are safe from harm. Dealing with domestic violence can be difficult, but you do not have to face the issue alone. Call dedicated attorney Alan Burton today for help.

In this case the father had obtained injunctions against his child’s mother, along with another one against her boyfriend. The allegations made included neglect and abuse against his daughter. The duty judge found the allegations appropriate for the issuance of an injunction, that the child involved was the victim of domestic violence, and was in immediate and present danger, and he issued the orders accordingly.

In response to all this, the mother filed an Emergency Motion For Return of Child and Change of Custody in the dissolution of marriage action that had been filed. Two days after the mother had filed her motions, the trial judge assigned to the divorce case entered two orders vacating the injunctions that had been previously entered by the duty judge.

The judge decided on his own that the allegations made by the father in his application for an injunction against the child’s mother were conclusory, and those which were made against the boyfriend were based upon hearsay.

On appeal, the trial judge was reversed. The appellate court stated that once an injunction is issued under Section 741.30, Florida Statutes, the injunction cannot be vacated without a hearing. Sanchez v. State, 785 So.2d 672, 676 (Fla. 4th DCA 2001).

As a result of this ruling, the temporary injunctions were re-instated, and the trial court was instructed to conduct an evidentiary hearing before ruling on the motions filed by the mother. See also White v. Cannon, 778 So.2d 467, 467-68 (Fla. 3rd CA 2001).

For further information, advise, or any questions on this topic, please click the following link: www.alanburtonlaw.com