305-520-7874

Miami Domestic Violence Lawyers

Skilled and Supportive Lawyers for Domestic Violence and Divorce in Miami, FL

If you are experiencing domestic violence, you may be feeling stressed, overwhelmed, and unsure of your next steps. Our experienced Miami family law attorneys can help.

Domestic violence is defined as any assault or battery committed against a family member or household member. For assault or battery to be considered "domestic," it must be committed against a spouse or ex-spouse, co-parent, relative by blood or marriage, or current or former housemate.

Domestic violence has an important impact on divorce proceedings, and it can affect child custody, division of property, and spousal support.

If you are experiencing domestic violence, we can guide you through the legal process to be free from this stressful, traumatic situation. Contact Miami Family Law Group, PLLC today to schedule a strategy session.

Forms of Domestic Violence

Domestic violence or abuse can take many shapes and forms. Knowing the different types of domestic violence is essential to protecting yourself and recognizing when this abuse is occurring.

A few common forms of domestic violence and abuse include the following:

  • Physical violence
  • Sexual violence
  • Emotional abuse
  • Kidnapping
  • Threats regarding children
  • Other behaviors evoking fear

First, take action to remove yourself from any immediate physical harm. Second, if you are married to the abuser or if you share a child, contact Miami Family Law Group, PLLC to schedule a strategy session where we can discuss the significant family law implications pertaining to your unique case.

What Are the Legal Penalties for Domestic Violence?

According to Florida law, the minimum punishment for committing domestic violence is five days in the county jail. Depending on the severity of the assault or battery, the abuser may receive a longer Florida state prison sentence as well.

Some other possible penalties may include fines, probation, community service, completion of a batterer's intervention program, loss of civil liberties such as concealed carry rights, and imposition of a "no contact" order. Harsher penalties can come from additional charges, such as assault and battery.

How Can I File a Restraining Order to Protect Against Domestic Violence in Florida?

Understand that the legal penalties for domestic violence may not be enough to protect you from an abuser. This may be especially true if the abuser has not been reported or charged. If you are in immediate danger or fear for your safety, you should call 911.

However, if you are currently safe, but you are afraid for your future safety or would like to report past domestic abuse, we can help you by filing a restraining order.

Specifically, we would file an "Injunction for Protection Against Domestic Violence." This court order will demand that the abuser stop all violence and threats and stay away from you, or they may face penalties, including imprisonment in jail.

After filing this order, you and your abuser will need to attend a hearing at a later date. A judge will determine the duration of the injunction. Contact us today to begin this important step to protect your safety.

How Does Domestic Violence Affect Child Custody?

If you share custody of a child with a parent who has committed domestic violence, these actions may impact their right to custody. Florida courts typically assume that giving custody to an individual who has been convicted of domestic violence would be detrimental to the child.

However, even if the parent has not received a conviction, the court will consider any evidence of domestic violence or abuse when determining child custody. If necessary, you can file a motion to modify your pre-existing parenting plan through the Florida court system.

Working with a qualified attorney during the child custody process can ensure that the court knows about any concerns of abuse and considers these when making final decisions.

Domestic Violence FAQs

Q

What Steps Do I Need to Take to Get a Protection Order in Florida?

Answer: To obtain a protective order, also known as a restraining order or injunction, you must file a petition with the Clerk of Court in the county where you reside. The petition should include detailed information about the incidents of domestic violence. A judge may initially grant a temporary restraining order, which will be effective for 15 days until a full hearing is held to consider a permanent injunction. At this hearing, you may provide evidence and testimony explaining what happened and why protections are necessary. The other party will also be able to provide evidence and testimony. The judge will determine whether ongoing protections are needed, and if so, a permanent injunction may be issued. It is strongly suggested that you seek legal assistance when preparing and filing your petition to ensure that all necessary information is included. Our attorneys can make sure you provide the right information, and we can also provide representation during hearings and advocate for solutions that will protect your family's safety.

Q

What Are the Types of Protective Order Injunctions Available in Florida?

Answer:

  • Domestic violence injunction - For people who are victims of domestic violence or have reasonable cause to believe they are in danger.
  • Repeat violence injunction - For victims who have experienced at least two incidents of violence or stalking, with one occurring within the past six months.
  • Dating violence injunction - For people who have been in a significant and romantic relationship and have experienced violence or have a reasonable belief of impending danger.
  • Sexual violence injunction - Available for victims of sexual assault or other sex crimes who have reported the incident to law enforcement.
  • Stalking injunction - For those who have experienced stalking or harassment, including cyberstalking.

    • Q

    How Can a Protective Order Help Prevent Domestic Violence?

    Answer: Depending on the situation, different terms may be included in a protective order that can help ensure that you and your family will be safe from harm. A protective order will prohibit a person from engaging in any acts of abuse or domestic violence. It may also limit contact between you and the abuser, preventing them from calling, texting, or contacting you and your family members in any way. You may be given exclusive possession of your family home, and the abuser may be prohibited from going near the home, your workplace, or your children's schools. The abuser will be required to turn over any firearms they own, and they will be prohibited from possessing dangerous weapons. They may also be required to attend counseling or take other measures to prevent future acts of abuse. If necessary, an order may include temporary decisions about child custody, and it may require the abuser to pay child support or spousal support. Any other appropriate measures that will protect your family's safety may also be included.

    Q

    What Legal Resources Are Available to Victims of Domestic Violence?

    Answer: Florida offers various resources to domestic violence victims, including legal aid resources, hotlines, and shelters. Organizations such as the Florida Coalition Against Domestic Violence provide support and advocacy services. Victims can also seek help from family law attorneys and community organizations that assist people who have experienced domestic violence. At Miami Family Law Group, PLLC, we can help ensure that all legal procedures are followed correctly when requesting an order of protection. We can also provide representation in family court to ensure that issues related to divorce, child custody, child support, and spousal support are handled correctly. We will work to protect your interests and make sure you and your family will be safe from harm.

    Contact Our Miami, FL Domestic Violence Divorce Attorneys

    If you are experiencing domestic violence, you do not need to navigate the legal process alone. At Miami Family Law Group, PLLC, our team can file a court order against your abuser, report their actions, and represent you in court if necessary.

    Our experienced divorce and family law attorneys are deeply familiar with child custody, property division, and spousal support implications of domestic violence.

    You do not need to suffer through domestic violence any longer. Contact our domestic violence attorneys at Miami Family Law Group, PLLC today by calling 305-520-7874 to schedule your strategy session.

    Contact Miami Family Law Group, PLLC

    Our attorneys are ready to help address your legal needs. Schedule an appointment by calling 305-520-7874 or contacting us online.

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