Domestic Violence FAQ

Domestic Violence FAQ

Fulmer Law, P.A. understands domestic violence crimes. Whether you are the victim of domestic violence and need immediate protection and/or divorce or you have been falsely accused of domestic violence and need a lawyer to represent you in court, Fulmer Law, P.A. can help!

If you have been falsely accused of domestic violence, call the best criminal defense attorney in Polk County, Art Fulmer. Even if you do not hire Mr. Fulmer to represent you, the legal advice he will provide during your consultation will give you an idea of what you are up against and help you plan for the future.

If you are a victim of domestic violence, call our family law attorneys for a consultation immediately. In the meantime, please read the below information:

Domestic violence can be committed by anyone who is living with you or has lived with you in the past. You can report domestic violence by petitioning the court for an Injunction for Protection Against Domestic Violence. This free-to-file legal document is casually called a restraining order. This process can help to prevent future problems. Note that in most cases, the person must live with you or have lived with you in the past for the crime to be considered domestic violence.

There is one situation in which you do not have to have lived in the same residence: when the attacker is the other parent of your child. It’s also considered a form of domestic abuse if the person has not harmed you but has made you feel in danger through their words or actions.

To get more information on an Injunction for Protection Against Domestic Violence, contact the Polk County Clerk of Courts Domestic Relations Department at (863) 534-4585 or www.polkcountyclerk.net. You can also go in person to the Domestic Relations Department at the Polk County Courthouse, 255 N. Broadway Ave., Bartow, FL 33830. There is no fee to report domestic violence or to file this order.

Another valued resource is the Peace River Center. It offers a Domestic Violence Program that provides free, confidential services for individuals affected by domestic violence, sexual assault, and human trafficking crimes. The 24-hour Domestic Violence Crisis Line is 863-413-2700.

Finally, after other resource(s) have been contacted, you should speak to an experienced attorney at Fulmer Law, P.A. An experienced attorney will tell you how to develop a strong legal strategy during your first consultation.

Domestic violence is typically considered any way in which a person hurts another person within the home, such as child abuse or spousal abuse. While that definition is generally correct, it’s important to look at the statutes for the true legal meaning of domestic violence within the state of Florida.

This definition is offered within Title XLIII Section 741.28 of the 2016 Florida Statutes: “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

The relationship is a critical point to be considered. People often think of the victim in a domestic violence case as a blood relative or spouse. The state law clarifies that the scope of the victim extends to former spouses, people who are related through marriage, people who used to live within the same residence, and co-parents of a child. One necessary feature is that the relationship involves having lived together at some point, except in the case of two parents.

There are many causes for domestic violence, although experts stress that the victim never causes the attack to occur. According to Emory University psychiatrist Toby D. Goldsmith, MD, typical reasons include traits in the attacker such as low self-esteem, anger-regulation problems, deep jealousy, and inferiority.

If you believe that you or a loved one may be experiencing domestic violence, here is where to get help and how to file a restraining order.

It’s also important to consult an experienced attorney at Fulmer Law, P.A. regarding your situation and the next steps you should take.

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