Protecting The Rights Of You And Your Family
If you are a victim of domestic violence, you might be able to pursue legal remedies to stop the abuser from hurting or attempting to hurt you or your children. Unfortunately, getting an injunction can be a complicated process requiring in-depth knowledge of the law.
Understanding that this can be an emotional and stressful time, our lawyer at the Law Office of Ada M. Barreto, P.A., is here to provide the legal support you need to successfully petition for a restraining order. We have been practicing law for over 25 years and have helped numerous people facing complex legal issues. By attending to every detail of your case and using the insight we have gained throughout our experience, we can develop an effective legal strategy to focus on working toward a favorable outcome on your behalf.
Discuss your situation with our attorney by calling us at 305-709-5725 today.
What Is Domestic Violence?
The law is concerned with ensuring the public’s safety. As such, domestic violence matters are taken seriously, and if you are a victim of abuse or threatened abuse, protections are in place to prevent further harm.
Florida Statute 741.28 defines domestic violence as a criminal offense that could result in physical injury or death of a person’s household or family member.
Under the law, the following are considered acts of domestic abuse:
- Aggravated assault
- Aggravated battery
- Sexual assault
- Sexual battery
- Aggravated stalking
- False imprisonment
For specific violent behavior to be domestic abuse, it must be committed by a person with whom you have an intimate or familial relationship.
Florida defines family or household relationships as follows:
- Spouses and former spouses
- Blood relatives
- People related through marriage
- People who currently or formerly lived together as a family
- People who have a child together (regardless of their marital status)
Domestic abuse can have severe impacts on relationships and psychological well-being. If you are a victim, contact law enforcement to report the incident. Then, seek legal help to get an injunction for a court to order the person to stop contacting you.
How To Get An Injunction
An injunction, also called a restraining order, is a legal document that tells your abuser they can no longer contact you. To get one, you must file a petition with the court, describing your situation and why an injunction is necessary. The judge will review your file to determine whether to issue the order, which is why it is crucial to be as detailed as possible, providing evidence that supports your claim. Our Miami lawyer can provide legal guidance as you begin the process of protecting yourself from current or threatened harm.
After you file your petition, the court may do one of two things:
- Issue a temporary injunction that takes effect immediately and is in place for 15 days (until a hearing is scheduled).
- Schedule a hearing where both you and your abuser can present your case in court.
At the Law Office of Ada M. Barreto, P.A., we can assist you in preparing for your hearing. When you hire our team, we can help contact witnesses, gather documents such as medical records and develop a strategy that effectively tells your story.
If the judge rules in your favor and orders an injunction, your abuser can be:
- Stopped from committing any acts of domestic violence
- Prohibited from living in a house you share
- Ordered to attend treatment or counseling services
- Banned from contacting you at your home, job and/or school
- Restricted from sharing time with your children
- Ordered to pay child support
Need Help Filing For An Injunction? Call Our Firm Today.
Our attorney can provide the compassionate and supportive advocacy you need to stop domestic violence. We are here to answer your questions and go over all your legal options during this process.