<![CDATA[domestic violence - Alan R. Burton Attorney at Law]]> https://www.alanburtonlaw.com/ Tue, 15 Oct 2024 20:25:09 GMT en-us <![CDATA[Domestic Abuse Is Not Always Physical]]> https://www.alanburtonlaw.com/blog/domestic-abuse-not-always-physical/ https://www.alanburtonlaw.com/blog/domestic-abuse-not-always-physical/ Fri, 04 Mar 2016 19:34:34 GMT When most people hear the term “domestic abuse,” they tend to think of an abusive spouse or partner who uses physical violence to control or dominate the other person involved in the relationship. While this type of violence certainly occurs and is a serious issue, abuse between spouses can take many forms, many of which…

]]> When most people hear the term “domestic abuse,” they tend to think of an abusive spouse or partner who uses physical violence to control or dominate the other person involved in the relationship. While this type of violence certainly occurs and is a serious issue, abuse between spouses can take many forms, many of which are nonviolent. Importantly, whether or not domestic abuse has occurred can have a significant impact on the way that a divorce is resolved in terms of child custody, property division, and alimony, so it important for anyone going through a divorce to discuss the matter with an attorney in order to determine whether domestic violence has, in fact, occurred in a particular case. Some of the more common non-physical forms of domestic abuse are discussed below.

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.

]]> <![CDATA[Bill Aims to Help Married Domestic Violence Victims in Florida]]> https://www.alanburtonlaw.com/blog/bill-aims-to-help-married-domestic-violence-victims-in-florida/ https://www.alanburtonlaw.com/blog/bill-aims-to-help-married-domestic-violence-victims-in-florida/ Fri, 25 Sep 2015 14:52:21 GMT Domestic violence or the threat of violence can endanger the physical, emotional, and mental well-being of you and your children. Many victims of domestic abuse from a spouse are hesitant to leave their marriages out of fear of the potential retaliation from their spouse. Anyone who is fearful should be aware of legal tools in…

]]> Domestic violence or the threat of violence can endanger the physical, emotional, and mental well-being of you and your children. Many victims of domestic abuse from a spouse are hesitant to leave their marriages out of fear of the potential retaliation from their spouse. Anyone who is fearful should be aware of legal tools in Florida that can help to protect victims of domestic violence and their children. For example, a protective order will legally prevent a spouse from coming near or contacting you or your children or they may face serious legal penalties.

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.

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