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More to Know About Domestic Violence in the Orlando, Florida Area

Did you know that there is something known as Domestic Violence by Coercive Control in the Orlando, Florida area? This was mentioned in the article “Developments in Domestic Violence,” by Leo Vera, Esquire and Kristina Lawrence, Esquire. Did you know that there are Expert Witnesses in Domestic Violence that can testify at your hearing or trial regarding this? The article mentions how the The Domestic Abuse Intervention Project in Duluth, Minnesota developed the “Power and Control Wheel” to describe the multifaceted tactics used by abusers. The wheel identifies these specific tactics: emotional abuse, isolation, minimizing, denying, and blaming, use of children, male privilege, economic abuse, coercion and threats, and intimidation. In the article it states that in 2007, Dr. Evan Stark popularized the reframing of power and control tactics to “coercive control” over their partners, including physical violence. 

A More Individualized Approach

In the article, the authors state that until recently, the legal definition of domestic violence focused solely on actual or threatened physical violence or stalking. The authors state that attorneys for survivors often had to contend with relevance objections when trying to show how the abuser’s coercive control tactics constituted, contributed to, and exacerbated domestic violence. The authors stated that having a complete understanding of an abuser’s behavior during the relationship and after separation aids the court in understanding why the relief sought is necessary to protect the survivor. The author states that because domestic violence is a crime of control against an intimate partner or someone in the home, each case presents unique and individualized experiences.  

Greyson’s Law

The authors then discuss that in 2023, the Florida Legislature passed legislation under Greyson’s Law which more specifically identified tactics similar to those identified by Dr. Evan Stark as coercive control. The new law added these considerations to injunctions for protection and time sharing of children. The authors state that as of July 1, 2023, domestic violence injunction courts may now consider the evidence that the abuser engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however short, in determining whether there is reasonable cause to believe the survivor is in  imminent danger of becoming a victim of domestic violence. 

In the family law context, Greyson’s Law now requires judges to consider the following domestic violence issues when deciding whether shared parental responsibility is detrimental to the children. Florida Statute 61.13(2)(c)2 provides: The court shall order that the parental responsibility for a minor child shall be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. In determining detriment to the child, the court shall consider: a. Evidence of domestic violence as defined in s 741.28. b. Whether either parent or child has had reasonable cause to believe they are in imminent danger of becoming victims of an act of domestic violence. c. Whether either parent has reasonable belief the minor child is in imminent danger of becoming victims of an act of abuse.  

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.