1. Florida law defines domestic violence as physical or sexual abuse by one family member or intimate partner against another.
2. Instances of verbal, psychological, financial, or emotional abuse are not considered “domestic violence” unless they rise to the level of threatened physical harm in Florida.
3. A judge in a family law case can consider both physical and non-physical forms of domestic abuse in some instances, especially in decisions about parenting. 1. A history of domestic violence, including physical violence, can be considered by a judge when making decisions about children’s issues.
2. The ability of each parent to communicate with the other regarding the child, their mental, physical, and emotional wellbeing, and their ability to maintain an environment free from substance abuse are all factors that the judge can consider.
3. The judge may also consider a parent’s ability to protect the child from the negative aspects of the family division and refrain from making disparaging comments about the other parent.
4. Additionally, the judge has the discretion to consider any other relevant factors when determining a specific parenting plan. – The judge has significant discretion in considering factors related to domestic violence and abuse when making decisions about children’s issues.
– Domestic violence is generally not considered by the judge when ordering alimony or equitable distribution, as these decisions primarily focus on the financial circumstances of each party.
– Evidence of domestic violence may be allowed if it can be connected to a specific factor related to alimony or equitable distribution, such as a party’s physical or emotional condition or financial resources. – Florida courts consider domestic violence in family law cases
– Assistance is available for families experiencing domestic abuse
– Contact Katie Kohn for help navigating family law cases
https://www.henlaw.com/news-insights/will-a-history-of-domestic-violence-impact-your-family-law-case/
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