What Does Florida’s New Hope Card Law Mean for Your Family Law Case?
In the past few years, several states have changed their laws to ensure a more thorough response by law enforcement and other institutions to incidents of domestic violence. Too often, law enforcement has only formally drawn the distinction after the fact between a business-as-usual fight between two hot-tempered spouses, on the one hand, and a deadly situation, on the other. When domestic violence turns deadly, it is easy to see that the warning signs were there all along. On the other hand, punishing people for things they did not do is contrary to every principle of justice. The family courts are not in the business of handing down criminal penalties; in fact, it is illegal to do so except in the cases of holding a party in a family law dispute in contempt of court. Despite this, a call to the police about domestic violence can cast a dark shadow on your divorce and child custody case for years to come, even if you do not get criminal charges. A Boca Raton child custody lawyer can help you maintain a stable relationship with your children, even if things got so bad between you and your ex that the police got involved.
Florida Will Begin Issuing Hope Cards This Fall
A new Florida law takes effect on October 1, in which Florida will be among the states that issue “hope cards” to people who have obtained restraining orders against their former partners. This way, when police respond to a call about domestic violence, the caller can just show the card to prove to the police that it is not an isolated incident. The state will also store the hope card data electronically. Florida will issue the hope card regardless of whether the restraining order leads to a criminal conviction.
You Are Still a Parent, Even If Things Ended Badly With Your Ex
A restraining order from your ex-spouse does not terminate your parental relationship, and neither does a conviction for domestic violence. You are still entitled to court-ordered parenting time, but if you and your ex are legally forbidden to be in the same room, your parenting plan must account for this. For example, the parenting plan might indicate that, every Friday and Sunday evening, one spouse drops off the children at your mother’s house, and the other spouse picks them up. If the court determines that it is unsafe for the children to be alone with you, it will order supervised parenting time, where another adult must be present whenever you are with your children; this could mean that you must spend weekends at your mother’s house while the supervised parenting time order is in effect. Supervised parenting orders are subject to revision every six months.
Contact Schwartz | White About Co-Parenting After Domestic Violence
A South Florida family law attorney can help you keep your relationship with your children, even if you and your ex are enemies. Contact Schwartz | White in Boca Raton, Florida about your case.
Source:
floridaphoenix.com/briefs/desantis-signs-law-approving-hope-cards-for-victims-of-domestic-violence/
