Imagine that you've been accused of physically assaulting your spouse, girlfriend or boyfriend. An accusation of that magnitude can have you facing a Family Court action for domestic violence and potentially criminal charges as well. This situation is a scary one to be in, and one that no one should have to navigate without legal assistance.
Florida Temporary & Permanent Restraining Orders
If you are accused of domestic violence in Florida, the accuser may obtain a Temporary Restraining Order from a Florida court. A TRO can be issued based solely upon the statements of the accuser and you won't have any opportunity to tell your side of the story at the temporary hearing. If granted, the local police will serve the Temporary Restraining Order upon you. If you're lucky, the cops may allow you 10 - 15 minutes to get your basic necessities from your home before you're forced to find another place to live pursuant to the court order. You might be able to grab some clothes, toiletries and any necessary medications; however, you generally won't be able to take anything else. Yeah, that means that your beloved motorcycle and gear are probably going to remain in the house with the accuser until things can be worked out by an agreement or a hearing takes place and the Family Court judge hopefully enters an order permitting you to remove your bike from your former home. A hearing on a Permanent Restraining Order will take place approximately two weeks later where you will get to present your side of the story. The reality that you must face is that judges are far more likely to grant a Restraining Order in a disputed case than to deny one and face public scorn if the accuser is ever hurt again. For this reason, your Dade County domestic violence lawyer better be an experienced Florida family law attorney who is ready to handle the related issues of child support, spousal support, child custody and temporary property division issues involving payment of marital debts. Most criminal defense lawyers are not equipped for this task.
Pennsylvania Protection from Abuse Actions
In Pennsylvania, domestic violence actions are called "Protection from Abuse" cases or "PFA" or short. The process for Protection from Abuse cases in Pennsylvania mirror the steps in a Florida for a Restraining Order. In either state, if you disobey the domestic violence court order, you can be arrested for contempt of court and incarcerated by the Family Court judge. Unlike Florida or Pennsylvania criminal cases, you may not be able to bond out of jail on violations of restraining orders and PFA orders since they are issued in Family Court and not Criminal Court.
Pittsburgh Child Custody Lawyer
Even worse than being forced from your jointly occupied home and being without your bike for awhile, if a Pennsylvania Emergency PFA Order or a Florida Temporary Restraining Order is entered against you, you generally will lose the right to see your kids until a hearing is held by the Family Court judge or an agreement is made on child custody or time-sharing. If the judge grants the domestic violence petition, you may be forced to pick up your kids from a police station or even see them only when supervised by a third party. It could take weeks, months or even years and thousands of dollars to fix the potential problems that can occur if your child custody rights are not vigorously defended in a domestic violence case by an experienced Florida or Pennsylvania family court lawyer.
Domestic Violence & Divorce in Pennsylvania & Florida
Another thing to think about is your now broken relationship when a domestic violence allegation is made by the accuser. If you are married to the person that accused you of domestic violence, the trust between the two of you is definitely broken and there's a real possibility that you'll be heading for Divorce Court. Yet another legal problem to contend with.
A FL & PA Domestic Violence Lawyer You Can Count On!
An experienced Florida or Pennsylvania domestic violence lawyer can help. A skilled family court attorney will attempt to have the Pennsylvania or Florida domestic violence charges dropped. If this is not a possibility, a Florida domestic violence lawyer can zealously defend your rights in any court action. Weaknesses in the case may be uncovered by questioning involved parties and any witnesses to the alleged attacks. Further, a spousal abuse lawyer could analyze whether all evidence obtained for the case was done so in the proper legal manner, and if it was not, challenge use of the evidence in court.
Remember, your rights to your house, your bike and other personal property and most importantly, your rights with your children, could all be jeopardized if you fail to hire an experienced Pennsylvania domestic violence lawyer. I've worked with domestic violence and spousal abuse cases for the past 20 years and can assist you during this emotional process.
Contact the Pennsylvania Domestic Violence
Lawyer who Rides!
Contact me, Lisa Vari, the Biker Chick Lawyer, at 1-844-BIKER-CHICK (1-844-245-3724) or by e-mail to learn how I can help defend your legal rights when you're accused of domestic violence. I offer FREE CONSULTATIONS for bikers - so call our office in Pittsburgh or our Miami office today.
If you live in Florida or Pennsylvania I will be happy to assist you with your case, but even if you live outside these states, please contact me. I will happily put you in contact with an experienced domestic violence attorney in your home state or local area.
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