Ocala Divorce Lawyer Blog

Too often when client's are first handling the throws of divorce or separation, the emotions involved run very high. There is an old adage that says criminal lawyers see bad people at their best and divorce lawyers see good people at their worst.

Sometimes, however, emotions become too high and it turns into violence. Attorneys and Judges work very hard to keep this from happening. Yet, just last month, a 28-year-old Florida man was arrested after he viciously beat his wife right in front of a judge. The man and his wife were involved in a divorce court hearing at the time. He now faces criminal charges for felony battery, domestic violence and resisting arrest. For the full story see this link.

The incident took place in the judge's chambers (office). The man reportedly stormed out of the room after the judge ordered him to pay child support for his two young children and gave him court ordered parenting time. The man returned a short time later and began screaming at the judge and his wife. He then reportedly began hitting his 23-year-old wife in the head and face and choking her.

The woman's attorney attempted to stop the violent man by putting him in a bear hug. The man, who is an ex-Marine, would not surrender even after police intervened. He was finally subdued after being shot with a stun gun.

The woman was taken to a hospital where she was treated for a broken nose, broken bones in her face and a torn lip.

Child custody, child support, and divorce are all difficult issues which put a great deal of stress on individuals and families. Nevertheless, no person has the right to let stress turn into violence. And because of his poor choices, this man will now face serious criminal charges, and parenting time with his children could potentially jeopardized as well.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Please call to today.

There are times when Domestic Violence Injunctions are truly necessary. Then there are times when an Injunction is being used as a "sword" and not a "shield." The court must find, when an Injunction is entered properly, that the Petitioner had been a victim of Domestic Violence or is in imminent fear of become a victim of Domestic Violence. See Oettmeier v. Oetmeier, 960 So.2d 902 (32 Fla. L. Weekly D1743); Moore v. Hall, 786 So.2d 1264 (Fla. 2d DCA 2001); Gustafson v. Mauck, 743 So.2d 614, (Fla. 1st DCA 1999); Cleary v. Cleary, 711 So.2d 1302 (Fla. 2d DCA 1988). The court can use additional criteria as enumerated in Florida Statute 741.30 to determine whether the imminent fear of become a victim of domestic violence is reasonable. The statute reads: "In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:
1. The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse.
2. Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
3. Whether the respondent has threatened to conceal, kidnap, or harm the petitioner's child or children.
4. Whether the respondent has intentionally injured or killed a family pet.
5. Whether the respondent has used, or has threatened to use, against the petitioner any weapons such as guns or knives.
6. Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement.
7. Whether the respondent has a criminal history involving violence or the threat of violence.
8. The existence of a verifiable order of protection issued previously or from another jurisdiction.
9. Whether the respondent has destroyed personal property, including, but not limited to, telephones or other communications equipment, clothing, or other items belonging to the petitioner.
10. Whether the respondent engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence."

In a recently decided case, the Court in Malchan v. Howard, --- So.3d ----, 2010 WL 787800 (Fla. 4th DCA, 2010) held that "A court may issue an injunction when it appears that the petitioner is either the victim of domestic violence or 'has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.' " Ambrefe v. Ambrefe, 993 So.2d 98, 98 (Fla. 2d DCA 2008) (quoting section 741.30(1)(a), Florida Statutes). In determining whether the victim's fear is reasonable, "the trial court must consider the current allegations, the parties' behavior within the relationship, and the history of the relationship as a whole. Giallanza v. Giallanza, 787 So.2d 162, 164 (Fla. 2d DCA 2001) (citing Gustafson v. Mauck, 743 So.2d 614, 616 (Fla. 1st DCA 1999)). In the Malchan case, the mother failed to present sufficient evidence that she had a reasonable fear of imminent danger of domestic violence. Her only basis for requesting the injunction was a disputed incident three years before and a subjective fear that her anticipated request for child support might cause Malchan to become angry. Additionally, the court in Moore v. Hall, 786 So.2d 1264, 1266-67 (Fla. 2d DCA 2001), held a pushing incident, coupled with a knife in a statuette, was insufficient to support the issuance of an injunction when it occurred twelve years prior and there had been no further violence or threats.

As you can see by the case law, there needs to be a direct connection between the imminent fear and the threat of violence. It's not enough to say, "I'm just afraid he/she is going to hurt me." There has to be something that happened in close proximity to the filing of the Petition for the Protection Against Domestic Violence. Merely subjective fear does not meet that threshold.

To talk to us about your case, please visit our website or call the office to schedule your initial consultation. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.