We Protect the Abused. We Defend the Accused. We Fight for the Truth.
Whether you are living in fear or fear of being unfairly targeted, our Florida Domestic Violence Lawyers are here to work to ensure the truth is not buried. Serving clients across the state, we fight so your future is not decided by someone else’s version of the story. We stand firmly on the side of facts, moving quickly to defend what is at risk, and never take lightly the responsibility of getting it right.
Years of Attorney Experience
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Lives Changed
Locations in Florida
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Your Safety and Your Reputation Are Both at Stake
Domestic violence cases can put your personal safety, your children, and your reputation at stake at the same time. Whether you need immediate protection or you are facing allegations that will stay with you for the rest of your life, the decisions made in the first few days determine what comes next. Cabanas Law Firm represents both sides, with attorneys throughout Florida who address the immediate danger while preparing for the long term.
"Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals which helped me to feel confident and protected when making decisions."
What Our Clients Think of Cabanas Law Firm
Would recommend this firm to friends. I engaged them to handle making an adjustment to my divorce settlement agreement. As it was likely to cost less than the retainer in this case, they kindly agreed to refund any remaining money. They handled everything perfectly and professionally, and I’ve just received a check with the remaining funds. Thank you Cabanas
I would highly recommend attorney Sergio Cabanas to anyone going through a divorce. In fact, I’ve already referred some of my friends. His knowledge of family law was evident from the get-go and it helped me to feel confident and protected when making decisions. His communication skills are outstanding. Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals.
Mauricio Cubas
My experience with Cabanas Law Firm was outstanding, thanks to Erick Estrada, the case manager, and Attorney Sergio Cabanas. Erick was incredibly supportive, keeping me informed and making sure every step of the process was smooth and stress-free. His professionalism and dedication truly set him apart. Attorney Sergio Cabanas provided expert legal guidance, ensuring the best possible outcome for my case. I highly recommend their team for anyone seeking reliable and compassionate legal assistance.
Cabanas Law Firm is amazing! The whole team is super professional and really cares about their clients. A big shoutout to Nichol, the paralegal, for being so helpful and responsive. She went above and beyond to answer my questions and provide guidance. If you need a great law firm, this is the one to go with.
Practice areas
When domestic violence allegations arise, they immediately reshape time-sharing arrangements, support obligations, and property decisions already in motion, whether you are seeking protection or defending your reputation. Our Florida domestic violence attorneys coordinate these interconnected proceedings so every aspect of your case moves forward with the same strategic information.
Divorce
Divorce
High NetWorth Divorce
High Net Worth Divorce
Divorce Mediation
Divorce Mediation
Alimony
Alimony
Family Law
Family Law
Your family's future shouldn't wait for We're changing how Florida does family law.
Child Custody/ Timesharing
Child Custody/ Timesharing
ChildSupport
ChildSupport
Asset & Debt Division
Asset & Debt Division
Simplified & Uncontested Divorce
Simplified & Uncontested Divorce
DomesticViolence
DomesticViolence
Your Case Won't Wait. Neither Will We.
When you are searching for a domestic violence firm in Florida, what matters most is whether they will treat your case with the seriousness it requires or process it like everything else. We built our practice to take that weight off you, not add to it. Here is how we do things differently for your case.
We speak your language, including Spanish, Russian, and Arabic.
This is all we do. Every resource, every team member, every case.
We have handled the full range of Florida divorce matters.
What matters most in a domestic violence case in Florida is that every person involved receives a fair process, whether someone is seeking protection from genuine harm or responding to allegations that do not reflect what actually happened. Our Florida domestic violence attorneys follow a structured process that begins without assumptions about either side. Because the legal consequences of an injunction reach into housing, employment, and parental rights, we work to make sure every option is identified and every relevant fact is on the table. What you face right now has real stakes, and the process is built to address them directly.
Step 1
In‑Depth Discovery
There is a lot that goes into a divorce case, and the details matter more than most people expect. We learn everything we can about your situation, your family, and the other side. That preparation is where outcomes are shaped.
Built Around Your Goals
The goals you set out to achieve are what drive every decision we make, from your case evaluation through the final resolution. Every strategy, filing, and negotiation is measured against what actually matters to your family.
Life on Your Terms
We work to resolve your case with as little disruption to your life and finances as possible, so at the end of it all, it is your life on your terms.
FAQ
Need a protective order and not sure where to start, or facing allegations you need to respond to? These answers cover both sides and can help you understand what happens next.
Florida law covers more than physical violence between spouses. The statute applies to assault, battery, stalking, kidnapping, false imprisonment, or any criminal offense causing physical injury between household members. You do not have to be married or even related to the other person. A credible threat of violence, even without physical contact, may also qualify.
The statute protects household members, people who share a child, and individuals currently or formerly in a dating relationship. That scope surprises most people. A roommate, an ex-partner you never married, or a family member living under the same roof can all fall within the definition.
What the court evaluates is whether the conduct rises to the level the statute requires. Not every argument or heated exchange qualifies. But the threshold is lower than many people assume, especially when there is a pattern of behavior or a credible threat. If you are unsure whether your situation meets that standard, a case evaluation can answer that question in a single conversation.
These are two separate legal paths that can run at the same time. In a criminal case, police and state prosecutors decide whether to file charges. You do not control that process. In a civil injunction, you file the petition yourself in family court and have direct control over whether to pursue protection. Even if the police decline to make an arrest, the civil path remains open.
On the criminal side, if police respond and find evidence of domestic violence, they may make an arrest. The judge then imposes a no-contact order as part of the criminal case. But if police arrive and decide the evidence is insufficient, that does not close the door on the civil side.
On the civil side, you file a petition for injunction in family court. A judge reviews your petition, and if the facts support it, a temporary injunction for protection can be issued the same day, before the other party is even notified. A hearing is then scheduled where both sides present their case.
Cabanas Law Firm handles the civil injunction and family law side of domestic violence cases. Criminal defense is a separate matter handled by separate counsel. Many people pursue both paths at the same time. The outcome of one does not determine the other.
Florida courts generally evaluate three factors: how often the violence or threats occurred, how severe the conduct was, and how recently it happened. These are not rigid cutoffs. A single severe incident can justify an injunction on its own. A pattern of less severe incidents can also qualify if the conduct was frequent and recent enough to demonstrate ongoing risk.
Frequency matters because a repeated pattern demonstrates that the risk is not isolated. Even conduct that might seem minor on its own, like being shoved or blocked from leaving a room, takes on different weight when it happens regularly.
Severity is evaluated independently. A single incident resulting in injury or genuine fear can be sufficient regardless of whether it happened before.
Recency is where many petitions lose traction. The longer the gap between the last incident and the filing, the harder it becomes to show an immediate need for protection. There is no fixed deadline, but courts look more favorably on petitions filed close in time to the conduct described.
The petition includes a narrative section. That narrative is what the judge reads first. A clear, organized account with dates, specific descriptions, and supporting evidence like photos, police reports, or medical records gives the strongest foundation.
Yes. Florida law allows injunctions based on a credible threat of physical violence. Actual physical contact is not required. The court evaluates whether the threat was credible and whether you have a genuine basis for fear, looking at the context, the history between you and the other person, and any pattern of escalating behavior.
Many people hesitate to file because nothing "physical" has happened yet. But the statute explicitly covers threats. Repeated verbal threats, controlling behavior that escalates over time, or a single threat specific enough to create reasonable fear can all support a petition.
The question the court asks is whether a reasonable person in your circumstances would feel threatened. That standard accounts for the history of the relationship, not just the most recent incident. An attorney can help you evaluate whether the facts of your situation meet that standard before you file.
It can affect both significantly. Florida courts are required to consider evidence of domestic violence when determining parenting plans and timesharing. A documented history of violence, or even a single serious incident, may influence how the court allocates parental responsibility and structures the children's time with each parent.
The court's primary concern is the safety and stability of the children. If the children witnessed the violence or were direct victims, the impact on timesharing is more immediate. The court may order supervised time-sharing, restrict overnight timesharing, or require exchanges through a neutral third party.
If the domestic violence occurred only between the spouses and the children were not involved, the injunction for protection and the divorce remain legally separate proceedings. But in practice, a injunction for protection that forces one spouse out of the home creates immediate financial and logistical consequences that carry into the divorce.
These cases sit at the intersection of two areas of law. An attorney who handles both domestic violence and family law can evaluate how one case affects the other in your specific situation.
False accusations do happen, sometimes to gain an advantage in divorce or time-sharing proceedings. The system is designed to protect the alleged victim first, which means a temporary injunction for protection may be issued before you have a chance to respond. That is not the end of the process. A hearing is scheduled, and that hearing is where you present your defense.
The temporary order remains in effect only until the hearing date. At the hearing, the person who filed the petition carries the burden of proving that domestic violence or a credible threat occurred. If they cannot meet that burden, the injunction is denied.
In the meantime, practical steps matter. Keep all communication in writing. Avoid being alone with the accuser. If you anticipate the possibility of false allegations, meeting in public places with witnesses or cameras reduces the opportunity for fabricated claims.
A false accusation does not automatically change the outcome of a divorce. Florida is a no-fault state, and the division of assets and alimony are decided on their own merits. But the practical consequences of a injunction for protection, being removed from your home, restricted contact with your children, and added legal expenses, are real and immediate. An attorney experienced in defending against these allegations can help you prepare for the hearing and limit the disruption to your case.
Yes. If domestic violence occurred in front of a child, or was directed at a child, a parent or legal guardian can file a petition on behalf of that minor. Florida law recognizes that children who witness domestic violence between household members are themselves affected, even if they were not the direct target.
This is called an OBO petition, meaning "on behalf of." It carries the same legal weight as a petition filed by an adult for their own protection. A parent can file on behalf of one or all children who witnessed the incident, depending on who was present.
The practical significance is that a successful OBO petition can directly affect timesharing arrangements in a divorce or paternity case. If the court finds that the children were exposed to domestic violence, that becomes a factor in determining what parenting plan serves their best interest. An attorney can evaluate whether filing on behalf of the child strengthens your overall position or whether it should be pursued independently.
Federal law provides protections for victims of domestic violence who are not U.S. citizens. Under the Violence Against Women Act, a spouse who has been subjected to domestic violence may be able to petition for immigration relief independently, without relying on the abusive spouse's cooperation. This applies regardless of gender, despite the name of the law.
In some cases, an abusive spouse uses immigration status as a tool of control, threatening deportation or refusing to file immigration paperwork. VAWA was designed to address exactly that situation by allowing the victim to self-petition.
On the other side, there are cases where domestic violence allegations are raised specifically to invoke these immigration protections. Sergio has seen situations where one spouse files a false accusation to secure VAWA eligibility during a divorce. Whether you are seeking protection or defending against allegations connected to immigration status, the intersection of family law and immigration law adds a layer of complexity that requires an attorney familiar with both.
Cabanas Law Firm handles the family law and civil injunction side of these cases. Immigration-specific matters may require coordination with immigration counsel.
Facing domestic violence can feel overwhelming, and navigating the legal system during such a time may seem daunting. When you are ready to seek protection and explore your options, a confidential Case Evaluation is a good way to begin.
During this meeting, we will discuss your specific situation and review our service areas across Florida. This helps us determine if we are the right fit for you and your legal needs.
Contact our Domestic Violence Team in Florida today to schedule your Case Evaluation.
