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.

Why Choose Our Dedicated Domestic Violence Lawyers in Miami-Dade?

If you are facing a domestic violence issue, it is crucial to seek legal help as soon as possible to protect your rights and ensure your safety. At Orshan, Spann & Fernandez-Mesa, our team of experienced family law attorneys handles domestic violence cases in Miami-Dade and the surrounding areas.

When you choose our firm to represent you, you can expect:

• Compassionate and Personalized Legal Guidance: We understand the sensitive nature of domestic violence cases and will provide you with the support and guidance you need throughout the legal process.
• Thorough Evaluation of Your Case: Our attorneys will carefully review the details of your situation to determine the best course of action to protect your rights and safety.
• Strategic Representation in Court: We have extensive experience representing clients in domestic violence injunction hearings and will work diligently to present a strong case on your behalf.
• Protection For You and Your Loved Ones: Our priority is to help you obtain the necessary legal protections, such as temporary and permanent injunctions, to ensure your safety and the safety of your family.

Selecting the right legal team is crucial in effectively navigating domestic violence claims. Our firm's longstanding presence in Miami-Dade County underscores our commitment to the community and deep understanding of local legal precedents. This familiarity with the legal landscape enables us to develop strategies that are not only robust but are also tailor-fit to local customs and court expectations. Our client-focused approach means that every action we take is aimed at securing your safety and legal satisfaction.

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.

In Miami-Dade, combating domestic violence involves not just legal intervention, but community support systems as well. Numerous local non-profits and grassroots organizations provide vital services, from emergency housing to counseling services, helping victims rebuild their lives. Our firm is well-connected with these organizations to ensure our clients receive holistic support beyond the courtroom. This network is integral in fostering long-term stability and healing, underlining our commitment to serving as a comprehensive resource in the fight against domestic violence.

Reach Out to Our Domestic Violence Lawyers Today!

If you have been the victim of domestic assault, contacting an attorney can be an important step in securing your safety. Our team at Orshan, Spann & Fernandez-Mesa can help by providing the compassionate support and legal representation you need. We can help you find fast protection from your abuser.

Getting in touch with a domestic violence attorney is imperative not just for immediate safety, but for long-term peace of mind. Our firm prioritizes quick, efficient action to halt any ongoing threats, while simultaneously planning for your long-term security. We create a personalized safety plan for each client that includes not only immediate legal remedies but also outlines steps for ongoing safety and independence. Contact us to begin your journey towards a secure, abuse-free future.

Get protection today. Call (305) 853-9161 today or send us an email. Our Miami-Dade domestic violence attorneys can help!

Florida Laws & Regulations Regarding Domestic Violence

In Florida, domestic violence is defined as any assault, battery, harassment, stalking, kidnapping, or false imprisonment committed by a family or household member. Florida Statutes mandate stringent measures to protect victims, including strict penalties for violators. Laws such as these are designed to safeguard victims and deter potential offenders.

Recognizing the unique nature of domestic violence situations, Florida law allows victims to apply for protective injunctions to limit the offender's actions. These protective orders can prohibit the offender from contacting, stalking, or coming near the victim. They also have provisions for temporary custody of children, possession of home, and other essential protections.

Hurdles Faced by Domestic Violence Victims in Miami

Victims of domestic violence in Miami often face significant challenges. The complexities of legal proceedings can be daunting, especially for those already dealing with the trauma of abuse. Barriers such as cultural and language differences, fear of retaliation, and lack of awareness about available resources can exacerbate the problem.

Additionally, the bustling environment of Miami, with its diverse population and varying socio-economic statuses, can sometimes hinder victims from accessing help promptly. Our firm is well-equipped to guide clients through these difficulties, ensuring that every step taken is toward a safe and secure future. We are dedicated to breaking down these barriers to provide comprehensive support and legal assistance to those in need.

FAQs: Essential Information About Domestic Violence Orders

What Is the Difference Between a Temporary and Permanent Injunction?

Temporary injunctions offer immediate protection following incidents of domestic violence and hold until a full court hearing occurs. These are typically granted swiftly and are focused on providing a quick response to an urgent situation. On the other hand, permanent injunctions provide long-term protection, issued after a more comprehensive court hearing confirms the validity and necessity of ongoing protection. These typically require substantial evidence and testimonies before they are granted.

How Do I File for a Domestic Violence Injunction in Miami?

To file for a domestic violence injunction in Miami, you must contact the family division of your local circuit court. You'll need to provide detailed evidence and information about incidents of abuse. The court will guide you through the paperwork required and advise you on the next steps. Our attorneys are here to assist you with gathering the necessary documentation and representing you throughout this process to ensure that your request is handled accurately and effectively.

What Happens if the Alleged Abuser Violates an Injunction?

If an abuser violates a protective injunction, they can face serious legal consequences, including fines and imprisonment. It's crucial to report any violations immediately to law enforcement, as the breach of such an order is a criminal offense. Our legal team can help you understand your rights and ensure enforcement actions are promptly taken to maintain your safety.

Can a Protective Order Include Electronic Monitoring of the Abuser?

Yes, in certain situations, a judge may include electronic monitoring of the abuser as part of a protective order. This provision is typically considered when there is a demonstrated high risk of further violence or violations. Electronic monitoring acts as an additional layer of security, ensuring the abuser maintains the distance ordered by the court and providing peace of mind to the victim.

What Support Services Are Available for Domestic Violence Victims in Miami?

Miami offers a wide range of support services for domestic violence victims, including emergency shelters, counseling, legal aid, and hotlines. Organizations like the Miami-Dade County Domestic Violence and Sexual Assault Council provide vital resources to assist victims in crisis. Our firm can connect you with local services that cater to your immediate and long-term needs, ensuring comprehensive support throughout your recovery journey.

Get protection today. Call (305) 853-9161 today or send us an email. Our Miami-Dade domestic violence attorneys can help!