How Florida Courts Handle Domestic Violence Allegations In Family Law Cases

Allegations of domestic violence can have a significant impact on child custody cases. Such cases present a serious challenge for the court, and all allegations must be taken seriously. The courts will only make decisions based on the best interests of the children, not what the parents need. So, it makes sense to attack the problem from that angle. In this article, we’ll discuss a Florida family law case in which the court considered domestic violence allegations and child custody considerations.

Background of the case 

In this case, the husband and wife were engaged in a dispute over the custody of their minor children. Accusations of domestic violence arose during the pleadings. The wife claimed that her husband had abused her during the course of their marriage.

The parenting plan ordered by the trial court covered issues of custody and time-sharing, but it was not clear how the allegations of domestic violence impacted the court’s ruling. Although domestic violence had been raised as an issue in this case, it was not specified in the court’s final ruling how it impacted their decision.

The husband ended up challenging the ruling. He claimed that it was difficult to interpret the basis of the judgment since the ruling lacked clear findings.

The appeal 

Generally speaking, an appeals court is primarily concerned with the trial court’s process rather than the outcome. The issue was not whose side was “right”, but rather how the trial court dealt with the allegations of domestic violence prior to issuing the order.

In its ruling, the appeals court indicated that in situations involving domestic violence, the court has to be more than just “mindful” of the claim. It has to consider the claim and its impact on the children.

Since the trial court had not made these determinations, the appellate court reversed the order and remanded the case back to the trial court to make the necessary findings.

Key takeaways from the case 

Domestic violence is a material factor in child custody cases. If the court finds that domestic violence has occurred, it can provide a basis for limiting time-sharing and parental responsibilities. However, a meter accusation isn’t enough. Only competent and substantial evidence can be used to deny a parent their right to see their child.

This case reaffirms that trial courts must discuss how they arrived at certain judgments. They must outline the basis for their decisions. This benefits both parties and helps avoid ambiguity.

Talk to an Orlando, FL, Domestic Violence Lawyer Today 

Greater Orlando Family Law represents the interests of those who have suffered abuse in their homes. We can help petition the court for a domestic violence injunction. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/fl-district-court-of-appeal/1338912.html