Naples Domestic Violence Attorneys
Protecting you and your children
Facing a domestic violence situation in a divorce can feel as though your entire life is at stake. You may not be able to concentrate on anything else. At the same time, you may be paralyzed with anxiety and have no idea how to begin protecting yourself. No doubt you have constant worries about what your future holds.
Remember that you have overcome many challenges in your life before this moment. There are people willing to help you. You have strength and wisdom you may not even yet realize. Step by step, you will make it through this time.
When facing an emergency, do your best to focus on what to do in the immediate moment. Set aside your worries about the future for another day. Now it is time to stay in the present moment, let others support you, and start taking action right away.
Reach out to our law office today at (239) 309-2006 to request a case evaluation with one of our attorneys to talk to us about your domestic violence case and find out how we can help you.
I’m afraid my abusive spouse will try and hurt me and/or our children if I say I want a divorce. What can I do legally to protect myself and my children?
Developing a plan with your safety and that of your children is your highest priority. In addition to meeting with our attorneys, develop a safety plan in the event you and your children need to escape your home. A great way to do this is to let in support from an agency that helps victims of domestic abuse. Call the Florida Domestic Violence Hotline at (800) 500-1119 or go to their website at www.fcadv.org to get more information about the domestic violence program closest to you. Our Attorney Shayna Cavanaugh worked with the Naples Shelter for Abused Women for over eight years and has extensive knowledge and understanding of the issues that can arise when domestic violence has occurred.
Your risk of harm from an abusive spouse can increase when you leave. For this reason, all actions must be taken with safety as the first concern. Talk to our attorneys about the concern for your safety and that of your children. We will address your eligibility for us to file an injunction for protection against domestic violence on your behalf. Together, we will discuss whether the violence you have experienced or are in fear of meets the standard for having an order of protection granted.
What is an Injunction for Protection Against Domestic Violence?
An injunction for protection against domestic violence is a court order which may offer a number of protections including granting you temporary custody of your children and ordering your spouse to leave the family residence and have no contact with you.
I am afraid to meet with a lawyer because I am terrified my spouse will find out and get violent. What should I do?
As experienced domestic abuse attorneys, we recommend letting us know of your situation directly upon scheduling an initial consultation. This way, we will be aware of how and when is best to contact you so that your spouse does not find out.
Consultations with our attorneys are confidential. We have an ethical duty to not disclose your meeting with anyone outside of the law firm. Let us know your concerns so that additional precautions can be taken by our law office when handling your file.
I want to give my attorney all the information needed so my children and I are safe from my spouse. What does that include?
Provide your attorney with the complete information about the history, background, and nature, and evidence of your abuse including:
- The types of abuse (for example, physical, sexual, verbal, financial, mental, emotional)
- The date, time frames, or occasions
- The locations
- Whether you were ever treated medically
- Any police reports made
- E-mails, letters, notes, or journal entries
- Any photographs taken
- Any witnesses to the abuse or evidence of the abuse
- Any statements made by your spouse admitting the abuse
- Any damaged property
- Injuries you or your children suffered
- Abuse of family pets
- Any counseling you had because of the abuse
- Alcohol or drug abuse
- The presence of guns or other weapons
The better the information you provide to us, the easier it will be for our attorneys to make a strong case for the protection of you and your children.
What is the difference between a protection order and a restraining order?
Protection orders and restraining orders are both court orders directing a person to not engage in certain behavior. Both of them are intended to protect others. While either can initially be obtained without notice to the other person, there is always a right to a hearing to determine whether a protection order or restraining order should remain in place.
Talk to our attorneys about obtaining a protection order if you are concerned about the safety of your children and yourself or if there has been a history of domestic violence. The violation of a protection order is a criminal offense which can result in immediate arrest.
If you are concerned that your spouse will annoy, threaten, harass, or intimidate you after your divorce complaint is filed, ask our attorneys about a restraining order. If your spouse violates the restraining order, he or she may be brought before the court for contempt.
My spouse says I am crazy, that I am a liar, and that no judge will ever believe me if I tell the truth about the abusive behavior. What can I do if I don’t have any proof?
Most domestic violence cases are not witnessed by third parties. Often there is little physical evidence. Even without physical evidence, a judge can enter orders to protect you and your children if you give a truthful testimony about your abuse which the judge finds believable. Your own testimony of your abuse is evidence.
It is very common for persons who abuse others to claim that their victims are liars and to make statements intended to discourage disclosure of the abuse. This is yet another form of controlling behavior.
With our attorney’s skills and experience, we will support you in giving effective testimony in the courtroom to establish your case. Let us know your concerns so that a strong case can be presented to the judge based on your persuasive statements of the truth of your experience.
Reach Out to Our Law Office in Naples to Discuss Your Domestic Violence Case Today!
If you need to protect yourself against an abusive spouse, the family law team at the Law Offices of Cavanaugh & Cavanaugh, P.A. in Naples can guide you through each step and make sure you and your children are protected. Backed by more than four decades of experience, you can feel confident that our team will help you overcome any potential obstacles you may face.
Call our law office today at (239) 309-2006 to set up a case review with one of our domestic violence attorneys to learn more about what we can do to assist you.
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