Miami-Dade Domestic Violence Attorney
Get Assistance with Temporary & Permanent Domestic Violence Injunctions
If you have been the victim of domestic assault or are concerned about your safety or that of your children, Orshan, Spann & Fernandez-Mesa is here for you. Our Miami domestic violence attorneys offer compassionate support and the responsive legal representation you need. With the guidance of a domestic violence lawyer in Miami, you can act quickly to secure a protective injunction and restore your sense of security.
Understanding the various types of domestic violence injunctions is crucial to protecting your rights and well-being. At Orshan, Spann & Fernandez-Mesa, we walk you through every step of the legal process, explaining the distinctions between temporary and permanent injunctions, and how each may affect your family and future. Our Miami domestic violence lawyers design customized legal strategies for every client, giving you reliable support and clarity throughout the process.
Contact us online or call us now at (305) 853-9161 to speak with a dedicated Miami domestic violence attorney near you. We are ready to help you regain safety and peace at home!
What Is a Temporary Injunction for Domestic Violence?
If you or your child has faced physical abuse or credible threats, our experienced Miami domestic violence attorneys are here to assist you in filing for an immediate protective injunction. Prompt legal action is vital to safeguarding your rights and your family.
If the claims of domestic violence meet the legal requirements, a judge in the Miami-Dade courts can grant a temporary injunction—often ex parte (without a formal hearing)—within as little as 24 hours. A follow-up hearing for a permanent injunction will generally be set within 15 days, giving both parties an opportunity to present their case.
Temporary injunctions typically order the alleged abuser to:
- Move out of the home
- Have no contact with the petitioning spouse or partner
Temporary injunctions may also restrict child contact and address critical issues such as spousal and child support. These orders serve as essential safeguards, placed by the court to provide immediate protection against harm, and can be adapted to your unique family circumstances with the help of a domestic violence attorney in Miami.
It’s important to know that, during the period covered by a temporary injunction, both parties are legally obligated to comply with any court-issued terms. Violating these terms can lead to significant legal consequences. If you are experiencing threats or intimidation, partnering with a domestic violence lawyer near you gives you access to urgent remedies and knowledgeable support that makes a real difference during a critical time.
What to Expect from a Permanent Domestic Violence Injunction
Roughly 15 days after a temporary domestic violence injunction is ordered, a hearing will be held to determine if a permanent, long-term injunction should be put in place. This hearing typically requires more comprehensive evidence and testimony from the involved parties and witnesses.
If the court grants a permanent domestic violence injunction, the protective order can remain in effect for months or even several years—its terms may limit or prohibit all communication and contact or provide for conditions such as supervised visitation if children are involved. These injunctions offer lasting legal protection based on the facts presented in your case.
Permanency is never taken lightly by Florida courts, especially as it can have a direct impact on child custody and divorce proceedings. Judges require solid proof of abuse or threats, and legal advocacy from experienced domestic violence lawyers in Miami is vital to preparing and presenting your case effectively.
No two cases are identical; a successful outcome often hinges on detailed preparation and skilled courtroom advocacy. Our domestic violence attorneys in Miami work to gather persuasive evidence—such as medical records, police reports, and witness statements—culminating in a strong presentation in court that reflects your lived experience and your needs.
We strongly advise not attempting to represent yourself at these hearings. Let our experienced counsel at Orshan, Spann & Fernandez-Mesa handle document preparation, formal submissions, and your advocacy in court, so that you can focus on your recovery while we work for your protection.
Steps to Take Immediately After a Domestic Violence Incident in Miami
If you have experienced domestic violence in Miami, prioritizing your safety is essential. The first step is to remove yourself and any dependents from immediate danger. Call 911 without hesitation or make your way to a secure place such as SafeSpace North or SafeSpace South, two of the primary emergency shelters serving Miami-Dade County. These facilities offer confidential, around-the-clock support and work actively with local law enforcement and a network of advocates.
After you are safe, it's crucial to gather evidence and document incidents by taking photos of injuries, saving threatening messages, and writing a detailed account of what happened—including dates, times, and locations. Such documentation is invaluable when working with a domestic violence lawyer in Miami to apply for an injunction in the Miami-Dade Family Court. Timely and accurate information positions your attorney to protect your interests swiftly and persuasively.
Preparing for Your Initial Consultation with a Miami Domestic Violence Attorney
Your first consultation with a domestic violence lawyer Miami should help shape your immediate strategy and give you practical next steps. Bring any police reports, court documents, medical records, photographs, messages, or written accounts of threatening behaviors or violence. If you have received services or notice from Miami-Dade County agencies, such as local victim support groups or safe houses, bring any documentation that might support your case.
Our client-focused approach means we will listen closely to your story, ask relevant questions, and outline a clear plan for your safety and success. Our Miami domestic violence attorneys understand the urgency and sensitivity required in these matters, and we work to coordinate with local courts, provide bilingual assistance where needed, and connect you with emergency resources. A proactive consultation ensures you are informed, supported, and confident in the steps ahead from the very first meeting.
Our Values
Why You Should Choose Our Team to Help You
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We Treat You Like FamilyWe strive to provide quality, thoughtful, timely service to each of our clients. We provide timely, detailed updates on your case and make ourselves available to answer and follow up on any questions you may have.
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Personalized Attention to Your CaseEvery individual and family has a unique set of circumstances requiring a tailored approach. We treat each client as if they were our only client. Each case is treated with the utmost care and attention.
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Thoughtful Preparation & PlanningWe will get you through every step and be fully transparent of the process and what you can expect. We take a collaborative approach with our clients - we want to know what you think.
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Quality, High-Caliber RepresentationOur team is well-respected and recognized throughout the Miami-Dade area. We're known for our precise, in-depth knowledge of the law and versatile, strategic approach to each client's case.
Understanding Domestic Violence & Protective Orders in Miami-Dade
Miami-Dade County takes domestic violence very seriously. There are many governmental and private resources available to victims, including those through Miami-Dade County Domestic Violence Resources and Awareness, which provide crucial support after an incident. Anyone experiencing or witnessing domestic violence should be aware that help is available, including from experienced domestic violence attorneys in Miami-Dade who are committed to their clients' safety and well-being.
For many Miami residents in neighborhoods like Miami Beach, Hialeah, and surrounding communities, the legal system can feel overwhelming—especially for those facing language barriers or limited access to resources. Our Miami domestic violence lawyer team helps you overcome these challenges by providing clear guidance tailored to your situation, ensuring you never feel alone navigating Miami-Dade’s legal landscape.
Victims of domestic violence often feel isolated or fearful of seeking help. As experienced domestic violence attorneys Miami, we provide empathetic, confidential support, listening intently and helping you pursue the best legal remedy for your situation. Our deep knowledge of Miami’s local courts and agencies means we guide you step-by-step through the process of obtaining protection and justice.
If you are unsure whether a protective order—in the form of a temporary or permanent injunction—is right for your circumstances, we offer thorough consultations and legal advice. We are ready to explain every option under Florida law, from emergency measures to long-term protection. Our team helps clients gather documentation, prepare filings for the Miami-Dade County courthouse, and plan for hearings before a family judge.
