Miami-Dade Domestic Violence Attorney
Get Assistance with Temporary & Permanent Domestic Violence Injunctions
If you have been the victim of domestic assault, or fear for the safety of yourself or children, then Orshan, Spann & Fernandez-Mesa is here for you. Our Miami domestic violence attorneys provide compassionate support and the urgent legal representation you need. With our help, you can find fast protection from your abuser in the form of a domestic violence injunction.
Understanding the varying types of domestic violence injunctions available can be crucial to ensuring your safety and the protection of your rights. At Orshan, Spann & Fernandez-Mesa, we guide you through each step of the legal process, explaining the differences between temporary and permanent injunctions, as well as how they can impact your personal and family circumstances. Our attorneys are committed to crafting legal strategies tailored to your unique situation and needs, providing you with peace of mind and security.
Contact us online or call us now at (305) 853-9161 to speak with our Miami domestic violence lawyer. We can help you feel safe at home again!
What Is a Temporary Injunction for Domestic Violence?
If you or your child has been physically abused or threatened with domestic violence, our attorneys can help file for an initial domestic violence injunction.
Provided the claims of domestic violence are legally sufficient, the temporary injunction may be granted by a judge – often ex-parte (without a formal hearing) – within 24 hours of the request. Additionally, a hearing on the merits of the request for a permanent injunction must be scheduled within 15 days.
Temporary injunctions typically order the alleged abuser to:
- **Move Out of the Home**
- **Have No Contact with the Petitioning Spouse or Partner**
Temporary injunctions can also place additional restrictions on contact with the children, as well as address other financial matters such as spousal and child support.
It’s important to understand that temporary injunctions serve as an immediate safeguard against potential harm, granting a crucial reprieve to victims of domestic violence. During the period before the full hearing, both parties are expected to abide by the court’s terms strictly. Violations of these terms can have legal repercussions, so ensuring full compliance is vital. For those subjected to threats or abuse, knowing they have legal recourse that acts swiftly can be immensely reassuring.
What to Expect from a Permanent Domestic Violence Injunction
About 15 days after a temporary domestic violence injunction is granted, a hearing is held to determine whether to continue the injunction permanently.
A permanent domestic violence protection injunction may be granted for several months or even several years. The order may bar all communication and contact, or it may provide for supervised visitation with children.
While temporary orders are generally granted liberally, judges are more cautious in granting permanent injunctions. Such an order has enormous ramifications for custody and visitation, as well as divorce proceedings. The court will require proof that abuse has occurred or that threats were real.
Permanent injunctions are pivotal as they transform temporary safety measures into long-term solutions. Securing a permanent injunction calls for a comprehensive presentation of evidence and often the testimony of individuals who can affirm the claims of violence or threats. Our legal team not only assists in gathering this evidence but also in presenting it effectively in court. The aim is to ensure that the enduring protection granted by a permanent injunction aligns with a commitment to ongoing safety and peace of mind for you and your family.
Do not go into one of these hearings without experienced counsel to represent you. In support of your request for an injunction, our skilled attorneys will prepare and submit documents to the court on your behalf and present your case to the court.
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
In Miami-Dade, the issue of domestic violence is taken seriously, and there are numerous resources available to support victims. Local government entities, such as the Miami-Dade County Domestic Violence Resources and Awareness, provide essential assistance. This resource is crucial for individuals seeking safety and support in the aftermath of domestic violence incidents.
We understand that navigating the legal system can be overwhelming, especially when dealing with the emotional toll of domestic violence. Many residents in areas like Miami Beach and Hialeah face unique challenges, such as language barriers and limited access to resources. Our team is committed to helping you overcome these obstacles by providing clear guidance and support tailored to your specific situation.
We recognize that victims often experience feelings of isolation and fear, which can make it difficult to seek help. Our Miami-Dade domestic violence attorneys can listen and provide the compassionate support you need. We are familiar with the local landscape and can help you navigate the complexities of pursuing a domestic violence injunction.
Don't hesitate to reach out for help. Our team at Orshan, Spann & Fernandez-Mesa is dedicated to standing by your side as you take the necessary steps to protect yourself and your loved ones. Together, we can work towards a safer future.
