These days, with the U.S. economy on unstable ground, and with many Floridians still recovering...
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.
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:
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.
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.
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.
Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
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We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Legal concerns with family can cause intense stress and have far-reaching effects. This can be especially true when children are involved. You also have a lot of financial interests in a family law case, so you must partner with the right attorney. The team at Miami Family Law Group, PLLC is the right choice for these reasons:
If you share custody of a child with a parent who has committed domestic violence, these actions may impact their right to custody. The Florida court typically assumes 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. You can file a motion to change 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.
If you are experiencing domestic violence, you shouldn’t need to navigate the legal process alone. Our attorney 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 don’t need to suffer through domestic violence any longer. Contact our domestic violence attorneys at Miami Family Law Group, PLLC today to schedule your strategy session.
Are you ready to schedule your strategy session? Complete our online form and we will get in touch with you right away.
Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
* Required Fields
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
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The experienced attorneys and staff at Miami Family Law Group, PLLC are here to serve you Monday through Friday from 9:00 a.m. to 5:30 p.m. We understand that divorce is not a decision anyone takes lightly and want to help you move through the process as painlessly as possible. Call us at (305) 701-2901 to discuss your case. If you contact us outside of business hours, we will respond to you when our office opens the following day. We’re here for you because family matters.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.