Domestic Violence and Family Law in Tampa: Your Rights and Resources

In Tampa, as in the rest of Florida, domestic violence cases intersect significantly with family law, impacting rights around child custody, divorce, and property division. Navigating the legal framework can be complex, but there are resources and protections available to support survivors and hold perpetrators accountable. Below is an overview of your rights, protections, and resources available in Tampa. For more information please visit Tampa family lawyer

Understanding Domestic Violence in Florida Law

Under Florida law, domestic violence includes assault, battery, stalking, kidnapping, and other criminal offenses that result in physical injury or death of a family or household member by another family or household member. Family and household members include spouses, former spouses, people related by blood or marriage, people currently or formerly living together, and co-parents, regardless of marital status.

Legal Protections Against Domestic Violence

1. Injunctions for Protection (Restraining Orders):
   Victims of domestic violence can file for an injunction, commonly known as a restraining order, to legally prevent an abuser from contacting or approaching them. There are several types of injunctions:
   • Domestic Violence Injunction: If you are a victim of domestic violence or have reason to believe you are in imminent danger, you can seek this type of injunction.
   • Repeat Violence Injunction: For those facing threats or violence from someone who may not qualify as a “family or household member.”
   • Dating Violence Injunction: For individuals in a dating relationship who face threats or violence.
   • Sexual Violence and Stalking Injunctions: For victims of sexual violence or stalking by any person.
   The injunction process usually begins with filing a petition in court. If the judge finds immediate danger, a temporary injunction may be granted until a court hearing can be scheduled for a final decision.
2. Rights During Divorce and Child Custody Proceedings: Domestic violence can influence divorce and custody outcomes:
   • Divorce: Florida is a no-fault divorce state, but domestic violence can impact property division and spousal support determinations.
   • Child Custody (Time Sharing): Courts prioritize the best interests of the child when determining custody arrangements. Evidence of domestic violence can significantly impact custody decisions, as the court is likely to restrict or supervise visitation rights to ensure the child’s safety.
3. Rights and Resources for Shelter and Safety: Tampa and the broader Hillsborough County area offer multiple resources to ensure the safety and support of survivors:
   • The Spring of Tampa Bay: A dedicated domestic violence shelter providing emergency housing, legal advocacy, and counseling.
   • Metropolitan Ministries: Offers emergency housing and support for families in crisis.
   • Family Justice Center of Hillsborough County: Provides a centralized location where survivors can access legal assistance, counseling, and support.
4. Financial Protections and Support: Florida’s Victim Compensation Fund can help with expenses resulting from domestic violence, such as medical costs, lost wages, relocation assistance, and mental health services.
5. Legal Aid and Advocacy Services: Many organizations provide low-cost or free legal assistance:
   • Bay Area Legal Services: Offers legal aid to low-income residents, including representation for survivors of domestic violence in family law matters.
   • Legal Aid Society of Hillsborough County: Another resource providing assistance with family law cases, protective orders, and custody matters.
   • Hillsborough County Clerk of Court: Provides guidance on filing for injunctions, as well as resources for family law matters involving domestic violence.

Steps to Take if You’re Experiencing Domestic Violence

1. Call 911 if in Immediate Danger.
2. Seek a Protective Injunction: Visit the Hillsborough County Courthouse or seek help from an organization like Bay Area Legal Services to file a petition.
3. Contact Local Resources: Reach out to shelters like The Spring of Tampa Bay or the Family Justice Center for immediate assistance, counseling, and safety planning.

Know Your Rights

In Tampa and throughout Florida, survivors of domestic violence have legal rights and protections. Domestic violence does not need to be endured silently—support networks, legal protections, and safe spaces exist to empower survivors and provide pathways to safety and healing.