Miami Domestic Violence Attorney
Domestic violence is a very serious allegation on both sides, which is handled very delicately within the eyes of the court. Our South Florida Domestic Violence Lawyers represent both Petitioners and Respondents in these types of actions.
“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in the physical injury or death of one family or household member by another family or household member.
Victims of domestic violence can seek injunctions, commonly known as restraining orders, that bar their abuser from contacting them in any form that hasn’t been expressly authorized by the judge. This includes letters, cards, phone calls, e-mails, text messages, etc. Petitioners can file for an injunction in the circuit where they live permanently or temporarily, where the abuser lives, or where the abuse occurred.
A Petition for an Injunction against Domestic Violence may be filed against a person who either now or in the past has lived with the victim as a family. In the state of Florida, family is considered to be:
- People related by blood or marriage;
- Spouses, ex-spouses, parents, grandparents, aunts, uncles;
- Parties intimately involved and living together but never married;
- Adopted children;
- Step-parents and step-children; or
- A person who is the parent of the victim’s child(ren), regardless of whether or not they have ever been married or lived together.
Even if a petitioner has not been physically hurt, the court can serve an injunction if it decides the petitioner is in immediate danger of becoming a victim of domestic violence, based on the following factors:
- The history between the petitioner and the respondent, including threats, harassment, stalking, and physical abuse;
- Whether the respondent has attempted to harm the petitioner or family members or individuals closely associated with him or her;
- Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s child;
- Whether the respondent has intentionally injured or killed a family pet;
- Whether the respondent has used, or has threatened to use, any weapons such as guns or knives against the petitioner;
- Whether the respondent has physically restrained the petitioner from leaving the home or calling law enforcement;
- Whether the respondent has a criminal history involving violence or the threat of violence;
- Whether there was a prior order of protection issued against the respondent;
- Whether the respondent has destroyed the petitioner’s personal property; or
- Whether the respondent has behaved in any other way that leads the petitioner to reasonably believe that he or she is in immediate danger of becoming a victim of domestic violence.
Just because an injunction is requested or even granted on a temporary basis does not automatically ensure that it will become permanent. Nor does it make you powerless to do anything about it. There is still a burden to be met by the courts, which having competent and experienced counsel will help you navigate.
If you have been a victim of domestic violence, or have been accused of domestic violence, The Joseph Firm can help you get the justice you deserve. To schedule a free telephone consultation with a Broward Domestic violence lawyer, please call (305)-501-0922