Protection Against Domestic Violence in Florida
If you are experiencing domestic violence, you may be feeling stressed, overwhelmed, and unsure of your next steps. Our experienced Miami family 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 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 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 face a penalty of 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.
