Miami Domestic Violence Lawyer
It has always been a sensitive and messy subject. Domestic violence is something many victims don’t want to talk about—whether due to fear, shame, or even denial. In 2020, Florida alone had more than 100,000 reported domestic violence cases. Unfortunately, this is not the actual number, as many victims have chosen silence to either protect their family’s reputation or prevent aggravating their abuser even more.
This is why at Miami Divorce Attorneys, our Miami domestic violence lawyers are dedicated to helping every domestic violence victim protect themselves and stop any further assault from happening. We will ensure that you get the appropriate protective order and that your offender will be punished accordingly.
Our lawyers can make the legal battle less stressful, from preparing and filing all legal documents to proactively representing you in court. Our legal service doesn’t stop at domestic violence issues. We can also be your legal counsel as you settle issues like child custody, child support, divorce, and other family law issues.
Call Miami Divorce Attorneys today at (786) 321-9064 for your Consultation with a Miami Domestic Violence lawyer!
Defining Domestic Violence
According to Florida family law, any criminal offense (e.g., assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment) that a family or household member commits against another family or household member is considered as domestic violence.
“Family or household members” can be any one of the following:
- Spouses
- Former spouses
- Persons related by blood
- Persons related by marriage
- People currently residing together as a family
- People formerly residing together as a family
- Parents of a child, whether they ever married or lived together or not
Our Miami domestic violence lawyer will prove to the court that an act of assault was committed against you. Once we do, your offender will serve a minimum of a one-year probation period. During this time, they may be required to attend an intervention program unless the court finds it unnecessary for their specific case.
Moreover, once your offender is finally convicted of domestic violence resulting in bodily harm, they will serve a minimum of five days in county jail unless the sentence includes a non-suspended period in a state correctional facility.
Legal Protection from Violence
Miami Divorce Attorneys has been offering our family law expertise in Florida for a long time. All of our lawyers are well-versed in domestic violence regulations. They will know the appropriate legal steps you must take as a victim. One of these steps is filing for legal protection against your offender.
Temporary injunctions. If you need legal protection as soon as possible, the court can schedule a temporary injunction. If the judge determines that you are indeed in immediate or present danger of domestic violence, the judge will issue a temporary injunction directed at your offender. No hearing is required for this to go through.
Contested hearings. If your offender chose to attend the hearing, or they requested a hearing upon being informed of the temporary injunction, the court will review both sides of the story and determine if you are indeed a victim of domestic violence or about to become one. If yes, a corresponding injunction will be promptly issued by the court.
The following provisions can be outlined in the injunction:
- Your abuser is restrained from committing any more acts of domestic violence.
- You will be awarded exclusive use and possession of your shared dwelling with your abuser, or they will be excluded from your residence.
- You or your minor children will be provided with temporary support until the injunction expires or a civil order that affects the child support is entered.
- You will be ordered to participate in treatment, intervention, or counseling services.
- Any other relief is necessary to protect you as determined by the court.
If you’re not eligible for a domestic violence injunction, other types of protective orders can still be available for you under Florida law. You may get injunctions against dating violence, stalking, or even cyberstalking. Based on Florida’s red flag law, you may request a risk protection order to remove firearms from your offender who’s at risk of committing gun violence.
No matter what specific protection order is suitable for your case, rest assured that our Miami domestic violence lawyers will hasten the process of your legal protection. We will ensure no more harm will come to you until your offender is properly convicted and penalized.
Talk to Our Legal Experts Today
You should take all the necessary steps to ensure your and your loved ones’ safety. So if you or someone you know is a victim of domestic violence, please don’t hesitate to ask our Miami, FL law firm for help.
At Miami Divorce Attorneys, you’ll find passionate lawyers who will work hard to stop any form of assault happening within your home or done by a family member. We are equally committed to enforcing Florida family law to ensure you and your loved ones are well protected.
Talk to us today, and we will resolve all your domestic violence issues as soon as possible.
Call Miami Divorce Attorneys today at (786) 321-9064 for your Consultation with a Miami Domestic Violence lawyer!