How Does Domestic Abuse Affect Child Time Sharing in Orlando?

Domestic abuse is relatively common in the United States, and a significant percentage of both males and females have experienced it in Florida. These incidents and behaviors may affect divorce in various ways, but perhaps the most obvious example has to do with child time sharing. Whether your family has experienced domestic abuse or you have personally faced abuse allegations, you should take a moment to understand how this affects child time sharing in Orlando.

Family Courts Consider Past Instances of Domestic Abuse During Custody Battles 

Family courts in Florida consider past instances of domestic abuse when making decisions about child time sharing. The logic behind this consideration is obvious. If a parent has committed domestic abuse in the past, this may indicate a potential threat to the children. As a result, the parent may enjoy less time with their children after the marriage.

That being said, courts consider many other factors when determining a child’s best interests in Florida. These might include substance abuse, the health of each spouse, the financial stability of each spouse, the distance between family homes, and many others. Family courts consider the “bigger picture,” and they rarely focus entirely on one specific instance of domestic abuse.

Domestic Abuse: Criminal vs. Civil Offenses in Florida 

It is also important to recognize that domestic abuse may be a civil or criminal offense in Florida. Incarceration and guilty convictions are only possible in criminal courts. In contrast, civil courts can only enforce financial penalties, negative custody outcomes, and perhaps restraining orders.

Perhaps the most important distinction between civil domestic abuse and criminal domestic abuse is the burden of proof. In criminal courts, prosecutors must prove a defendant’s guilt “beyond reasonable doubt,” This is a higher threshold than the “preponderance of evidence” necessary to establish liability in civil courts.

These two different burdens of proof indicate that a spouse or parent may escape criminal consequences for abuse while still facing civil consequences for the same offense. There might not be enough evidence to convict them in criminal court, but that same evidence could be enough to secure restraining orders, limited child visitation, and much more.

Mere Allegations Cannot Affect Child Time Sharing

 If someone merely accuses you of domestic abuse, your child time sharing outcome should not be affected at all. There must be some kind of evidence of these offenses, and a bitter spouse cannot simply accuse you of abusing members of your household with nothing to back up their claims. The burden of proof in civil cases may be relatively low, but it is not non-existent.

Find an Experienced Child Time Sharing Lawyer in Orlando 

If you have been searching for an experienced child time sharing lawyer in Orlando, look no further than Steve Marsee, P.A. Over the years, we have guided numerous families through the difficult process of determining child custody. While domestic abuse can certainly affect the outcome of this process, it is not the only relevant factor in the court’s final decision. To discuss these factors in more detail, consider scheduling a consultation with us at your earliest convenience.

Sources: 

myflfamilies.com/services/abuse/domestic-violence/get-help/what-domestic-violence#:~:text=Florida%20legally%20defines%20%22domestic%20violence,household%20member%20by%20another%20family

womenslaw.org/laws/fl/restraining-orders/injunctions-protection-against-domestic-violence/basic-info/what-legal