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Domestic Violence Attorney in Miami
Particularly when couples are facing an impending divorce, situations at home can become extremely stressful. While everyone reacts to stressful situations differently, unfortunately, the situations sometimes culminate in an act (or ongoing acts) of violence. Our Miami Law Firm serves families dealing with these situations.
Who Can Apply for Domestic Violence Injunctions?
Under Florida Statute §741.30(1)(e) (2014), the people who can apply for Domestic Violence Injunctions (as opposed to dating violence) include spouses, former spouses of the accused; people related by blood or marriage to the accused; people who presently (or in the past) reside(d) together (with the accused); the parents of a child of (that was a victim of abuse) – regardless of whether they have ever been married to the accused.
Domestic Violence Attorney for Victims
If you are a victim of domestic violence, our first priority is to help you prevent further instances of violence against you or your family members. This is normally done through petitioning the court for an injunction for protection against future abuse. An injunction for protection is a essentially a civil order that serves as a means of court ordered protection from future harm by potential abusers. Through an Injunction for Protection against Domestic Violence, a Florida court can essentially order the abuser (respondent) to: a. do certain things (such as moving out of the house); b. not do certain things (such as contacting someone); or c. it can give the victim certain rights (such as temporary custody of any children).
Domestic Violence Defense
We also have clients who are in need of Domestic Violence Defense services. We listen to your version of the facts in order to determine whether you were actually involved in a domestic dispute and, if so, whether you were actually a perpetrator of a form of violence. If we believe that there may be sufficient evidence for a conviction, we typically examine whether there were past issues of domestic violence and investigate in order to determine if there were any mitigating factors surrounding the dispute (such as self-defense, etc.) If we believe that there is not sufficient evidence for a conviction, we mount a vigorous defense in your defense in an effort to have the charges dropped or to win at trial. Should we succeed and you meet the qualifications, we then move to have the record of the domestic violence charges sealed and/or expunged.
Free Domestic Violence Consultations
If you need to speak with an attorney regarding your situation at home, give us a call – we provide Free Consultations. Call us at +1.786.309.8588.