Whether you are a victim of domestic violence or have been accused of domestic violence, Elaine M. Simon is here to guide you through this difficult time.
You may be able to seek court-ordered protection if a family member or someone with whom you live has committed an act of domestic violence against you or you reasonably believe that you are in imminent danger of becoming a victim of domestic violence.

Examples of such domestic violence include:

  • Physical harm, such as when a family or household member intentionally touches you against your will, strikes you or causes you bodily harm.
  • Sexual battery/assault, such as when a family or household member has raped or otherwise violated you sexually against your will.
  • Threats of physical harm or threats of sexual battery/assault made by a family or household member.
  • Stalking, such as when a family or household member willfully, repeatedly, and maliciously follows, harasses, or cyber stalks you.
  • False imprisonment, such as when a family or household member, by threat or physical force, imprisons/restrains you against your will.

Court-ordered protection can include:

  • An order restraining your family or household member from committing any acts of domestic violence.
  • An award of the temporary exclusive use and possession of your marital home.
  • A temporary parenting plan which prohibits, limits, provides for supervised time-sharing with your family or household member.
  • The establishment of temporary child support for your minor children.
  • An order directing your family or household member to participate in intervention programs or other treatment.
  • Similar protections are available to you when these offenses are committed by those other than family or members of your household.

Similarly, if you have been accused of committing an act of domestic violence, you should take the accusations seriously and consider the above consequences of a court order entered against you. If you have been accused, Elaine M. Simon can also assist you in making sure that your rights are protected in domestic violence proceedings.

Aside from an injunction for protection against domestic violence, there are three other types of injunctions available in Florida:

  1. Injunction against repeat violence – you may file for an injunction against repeat violence against anyone who has committed at least two acts of violence or stalking against you or a member of your immediate family (your child, your parents, or a sister/brother) and one of those two acts of violence has occurred within the last six months.
  2. Injunction against dating violence – you may file for an injunction against dating violence if you have been abused or reasonably believe you are in immediate danger of becoming the victim of abuse by someone you have or had a continuing and significant relationship of a romantic or intimate nature within the past six months. Dating violence does not include violence in a casual acquaintanceship or violence between individuals who have been socialized in a business or social context.
  3. Injunction against sexual violence – you may file for an injunction against sexual violence if you are a victim of sexual violence, as it is defined in the Florida statutes. To be eligible to file a petition for an injunction against sexual violence, you must have reported the incident of violence to the police or other law enforcement agency and be cooperating in any criminal proceeding against the abuser if criminal charges are brought against him/her. If you are unsure if your situation would qualify, the law enforcement agency to which you report the incident of violence may help you understand whether an act of sexual violence, as defined in the law, has been committed or you can talk to a lawyer for legal advice.

You also may file any of these petitions on behalf of any minor child (under 18) who is living at home and who is the victim of the violence for which protection is sought.

Domestic Violence and Divorce

Elaine M. Simon understands how difficult ending a marriage can be. When there is also an issue of domestic violence present, it can complicate things even further for both parties. Domestic violence orders can have lasting effects upon time-sharing, child support issues and property division. By taking the time to learn each individual’s personal needs and goals Elaine M. Simon is able to find solutions for her clients that are both reasonable and responsible.