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Avoiding conflict and representing either party in DV proceedings

Domestic Violence has been described as a “pattern of interaction” in which one partner is forced to change his or her behavior in response to threats or abuse by the other partner¹. The fact of domestic violence rarely takes into consideration the surrounding circumstances that cause it to happen short of the provocation by other domestic violence. Domestic Violence may be related to financial, physical, sexual or psychological acts which are intended to force the victim to “toe the line”. The negative consequences of Domestic Violence are both immediate and long term for all family members who experience it, but especially children.

Domestic violence is growing in wake of coronavirus outbreak in Gainesville

The “stay at home” orders currently in place related to the Coronavirus mean that a family can be cooped up together for long periods of time causing additional strains on each family member. Reports of domestic violence to law enforcement have arisen recently and are projected to increase near term. It is important to develop intelligent strategies to relieve pressures before they erupt into domestic violence. If you sense that your conduct or that of your partner is becoming hostile or even passive aggressive, it is time to explore options to avoid conflict. There are counseling and legal options which can help to avoid actions which lead to irreversible negative consequences.

Domestic violence help and alternatives

The Clerk of the Circuit Court is tasked with assisting victims of domestic violence to prepare pleadings to be presented to the court for and injunction to be entered against the accused perpetrator. At times, both parties have committed domestic violence and are both entitled to an injunction against the other party restraining the perpetrator from coming around or contacting the victim. The proceedings may be criminal or civil, or both. Already strained financial circumstances can be further strained in litigating in both forums. Frequently, parties exhaust their financial wellbeing as both enlist the services of attorneys. It has come to my attention that one victim advocate organization actually advises their potentially victimized clients to return to a hostile environment with the expectation that some triggering violent event will take place to ensure the entry of a domestic violence order against the opposing party. This advice is both short sighted and dangerous. There are better alternatives for all concerned.

We stand prepared to assist parties in avoiding conflict and finding constructive alternatives in preventing domestic violence and representing parties aggrieved by such unfortunate circumstances.

References:

1 Dutton, The Dynamics of Domestic Violence: Understanding the Response from Battered Women, 68 Fla. Bar J. 24 (Oct. 1994) https://books.google.com/books