Domestic Violence Against Men
What Constitutes Domestic Violence?
Are you a victim of verbal
or emotional abuse?
Violence is defined as any assault, battery, aggravated battery, sexual assault or battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death.
Domestic violence is a pattern of behavior that is seen in intimate, personal or familial relationships. The aggressor has a need to control her/his victim. The effects of domestic violence reach all areas of life, such as, absenteeism from work, miscarriages, emotional and/or physical health related problems, as well as many other negative effects.
Researching stats about violence against men in relationships we found that a University of Florida study recently found women are more likely than men to "stalk, attack and abuse" their partners. Another recent study in the Journal of Family Violence found many male callers to a national hotline experienced high rates of severe violence from female partners who used violence to control them.
Domestic Violence Against Men Is Not Uncommon
Men Are Victims Too
Domestic violence is perpetrated by females and males but the majority of domestic violence is perpetrated upon women by men. Men are often the victims of domestic violence in an emotional or verbal sense, although more men are reporting physical abuse. Domestic violence affects the entire family. Domestic violence is usually hidden from outsiders, not talked about and a secret kept within the family unit. Male victims are embarrassed to file domestic violence injunctions if they are battered by their spouses or significant others.
Domestic violence usually progresses and should be reported to the authorities and/or a case filed in Court for domestic violence injunction. Victims of domestic violence fear reprisal, the loss of the family unit and the cost economically. The judge has the authority to order any relief that the Court deems necessary for the protection of the victim of the domestic violence. The Court can order counseling, restrict the perpetrator’s movement, or order monetary restitution.
Effects on Children
Unfortunately, children are dramatically affected by domestic violence. Many children grow up to be perpetrators of domestic violence if they were forced to witness acts of violence while growing up. You can stop the cycle of abuse. The Men's Rights Law Firm can help you.
Domestic Violence and Divorce
Many cases of domestic violence are filed when a marriage is on the rocks. Oftentimes domestic violence cases are filed in an effort to get an upper hand in a divorce case that is filed either simultaneously with the domestic violence case or shortly thereafter. It is imperative that the domestic violence case is aggressively defended.
The petitioner in the domestic violence case can be awarded custody of the minor children (time sharing), child support, exclusive use and possession of the marital home or residence, amongst other relief. The hearings are usually completed within one half hour or less and sometimes there is little opportunity to adequately present a case if you appear pro se (are not represented by an attorney). Too much is at stake. Domestic violence injunctions must not be taken lightly.
We Fight Domestic Violence Against Men
If you are a victim of the domestic violence claimed in the petition you will need to file a petition to protect your rights. The petition is filed against the other party. Both cases are usually heard by the Court at the same time and before the same judge. This could result in mutual restraining Orders being issued for the protection of both parties.
If you believe that you have been the victim of domestic violence please Contact Ft. Myers attorney, The Men's Rights Law Firm for a consultation.
Protective Injunctions - Restraining Orders
Although these injunctions are called protective injunctions, they are better known by the general public as restraining orders. The order is put in place against the perpetrator to restrict that persons' behavior and/or movement.
Domestic Violence Injunctions
Any family or household member can seek an injunction against another family or household member. The person who requests the injunction, the petitioner, must have been a victim of domestic violence, or, he or she is in imminent danger of becoming the victim of an act of domestic violence. The petition must set out facts and circumstances that domestic violence exists. The petition must be sworn.
Repeat Violence Injunction
Any person who is the victim of repeat violence can seek an injunction against the person that causes the violence. There must be two incidences of violence or stalking with one incident having occurred within the last six months. Enforcement of these types of injunctions is usually through the criminal Court.
Dating Violence Injunction
Any person who is the victim of dating violence can seek an injunction against the perpetrator of the violence. Dating violence occurs between individuals who have, or have had, a continuing and significant relationship of a romantic or intimate nature. The relationship must have existed within the past six months. Additionally, the relationship must have been characterized by the expectation of affection, or sexual involvement, and the relationship must have been involved over time and on a continuous basis.
Preparation Must Begin Immediately To Protect Your Rights!
What is a temporary injunction for the protection of domestic violence?
If you have been served with a temporary injunction for the protection of domestic violence there will be a hearing in the very near future that you must attend to protect your rights. Do not wait!!! Preparation for your hearing must begin immediately to protect your rights.
Getting the temporary injunction is done ex parte (the Court makes the decision to issue the injunction based on the alleged facts in the petition that is filed). The hearing is your opportunity to provide the true facts to the Court. A motion for the continuance of the hearing might need to be filed to get evidence to support/defend your case. A motion to dismiss might be appropriate if the alleged facts in the petition do not rise to the level necessary to sustain the issuance of an injunction or are too vague under the law.