Attorney for Domestic Violence in Miami
What is Domestic Violence?
Protecting Families Against Domestic Violence
Domestic violence is a horrific crime, impacting victims and their families. If you are in immediate danger, call 911 for assistance. Once the immediate threat is controlled, our compassionate domestic violence attorneys can protect you further by helping you obtain a restraining order against the abusive partner.
We can also take steps to protect your legal rights and reputation if you were falsely accused of domestic violence. Unfortunately, this can occur during a contentious divorce, with the other partner raising accusations to get the upper hand in the proceedings. If found guilty, you face serious consequences, including losing parenting time with your children, so you need to take steps to defend yourself against the charges.
With compassion and decades of combined legal experience, our firm is positioned to help people on both sides of these cases. Reach out today to discuss this matter with our team.
What Is Domestic Violence?
Domestic violence refers to acts or threats of violence against a family or household member. Some examples include:
- Assault
- Battery
- Aggravated assault
- Aggravated battery
- Sexual battery
- Aggravated sexual battery
- Stalking
- Kidnapping
- False imprisonment
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Call Now: (954) 447-2580
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Why Choose Cabanas Law Firm?
- Fully Bilingual – Our attorneys and staff are fluent in English and Spanish, so you don’t have to worry about the details getting lost in translation.
- Over Six Decades of Combined Experience – Sergio Cabanas, Esq. was admitted into the Florida Bar Association in 1991 and founded the firm in 2006. The firm’s attorneys have more than six decades of combined experience in family law.
- Clients Are the Priority – Our Broward and Miami-Dade County family law & divorce attorneys make each client a priority. We respond to all communications within 24 hours and provide concierge-level client services to busy professionals.
- Certified Mediators – As certified mediators, our attorneys can help clients resolve divorce and family law issues with as little contention as possible.
- Three Office Locations– Cabanas Law Firm has three offices in South Florida. You can meet with an attorney at our Pembroke Pines, Weston, or Sunny Isles Beach office.
Obtaining A Domestic Violence Injunction
If you have been the victim of domestic violence or have reasonable cause to believe that you are in imminent danger, you can file a petition for an injunction. In most cases, the judge will grant a temporary injunction and send the order to a law firm to serve the individual. At that point, it will be against the law for the person to contact you in any way or form.
The court will schedule a hearing within 15 days to determine if a final injunction is warranted. A domestic violence attorney can attend the hearing with you to present evidence to the court. If the judge grants the final injunction, it might have an expiration date, although restraining orders can be permanent.
These orders often have stipulations that go beyond restricting contact. For example, the judge can alter the parenting plan to give you 100 percent time-sharing and rights and order the other party to pay temporary child or spousal support, if applicable. The judge can also add additional restrictions if he or she sees fit. Judges have a great deal of flexibility when issuing restraining orders, and your domestic violence attorney can present evidence to help you get the protection you need.
What Should You Do If Served With An Injunction?
If someone takes out a domestic violence restraining order against you based on a fraudulent accusation, your first thought might be to contact the individual. However, this can lead to a first-degree misdemeanor charge. Instead, contact a domestic violence attorney from our firm to go over your legal options. We can investigate the incident, look for exculpatory evidence, and represent you at the final hearing. This is a very serious situation, so do not delay when seeking legal counsel. Read More
Find a Domestic Violence Attorney in Miami
The world may be becoming more and more politically correct and bad behavior is called out as never before, so why do people still need a domestic violence attorney? Because it still goes on, that’s why. Domestic violence is a crime the same as any other kind of violence. The main difference is that it generally takes place behind closed doors and victims are often reluctant to report it because that would jeopardize their relationship and potentially break up the family.
Domestic violence should simply not be tolerated. At Divorce & Mediation Law Firm, we deal with domestic violence cases more often than we would like to. Ideally, it would not be on our list of services, but sadly there is a need and when people are looking for an attorney in domestic violence cases, we are there and ready to help.
For a lawyer, domestic violence is an area that must be dealt with like any other. We have great experience in this area, and we do our utmost to bring peace to our clients’ lives.
What Constitutes Domestic Violence?
Domestic violence ranges from assault and battery to sexual battery, stalking, kidnapping, and false imprisonment. Sometimes the victim will pretend that it is not happening. However, it’s best to admit it to yourself and take steps to avoid it happening again.
The violence generally involves the spouse but sometimes children are affected too, directly, or indirectly, and for their sake if nothing else, victims of domestic violence are urged to contact the authorities and put a stop to it.
The traditional perception is of male violence towards women, but it can be the other way around and male victims are increasingly coming forward, because a victim is a victim, regardless of age or gender.
What Does a Domestic Violence Lawyer Do First?
When we are contacted about a domestic violence incident the first action we can take is to file a petition for an injunction, which will make it illegal for the perpetrator to contact the victim. This is the best the law can offer as a first step, and the law is there to protect people. If you need help, fill in our online form or call us and we can start the process of getting an injunction.
If you are Falsely Accused You Can Engage a Domestic Violence Attorney
This is less common, but it does occur, and the law is also there to protect those who have done nothing to deserve punishment. So, for a lawyer, domestic violence cases can be a matter of defense as well as prosecution. You can call us or fill in the online form and set about clearing your name.
Victims: please don’t let this deter you from taking action. The law is there to help people who have been wronged. If this is happening to you, there are people who can stop it happening – and we are among those people.
Whichever side of the fence you are on, victim or innocent accused, the job of an attorney in domestic violence cases is to ensure justice is done.
Our Law Firm also offers the following services:
- Family Law Attorney Services
- Divorce Attorney Services
- Mediation Attorney Services
- Post Divorce Attorney Services
And many more family matter related services. Read Less
Domestic Violence And A Divorce
Domestic violence charges can impact family law cases, including divorce proceedings. The judge can consider the charges when determining spousal support, child custody arrangements, and the division of property. If you are dealing with a domestic violence situation and a divorce, it is important to speak to an attorney. Your attorney will evaluate your situation and explain the impact domestic violence might have on your divorce.
Can The Abuser Contact You Through A Third Party?
If you receive a final injunction, the abuser cannot contact you through a third party. For instance, the abuser cannot have his or her mother call or text you to deliver a message. This is a violation of the restraining order, and you can report it. If you need help enforcing a restraining order, reach out to a domestic violence attorney at our firm.
Why Choose The Divorce & Mediation Law Firm
Highly Responsive – We strive for rapid return calls. No going dark or waiting days to hear back.
We Take Complex and Difficult Cases – This is where tenacity and knowledge of the law matter. We do what’s necessary, even in challenging situations.
Experienced – Our attorneys have had years of experience in handling divorces for doctors, business owners, and executives, and we are 100% dedicated to divorce and family law.
Honesty and Transparency – You’ve made an important decision in your life. We respect you for that. Our approach focuses on efficiency and speed to resolve cases as quickly as we can to get your life back to normal sooner.
Caring & Compassionate (Truly) – We have a personal connection to divorce and family law matters. We know what it takes, even in extraordinarily difficult situations.
Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.
Why Choose The Divorce & Mediation Law Firm
1. Highly Responsive – We strive for rapid return calls. No going dark or waiting days to hear back.
2. We Take Complex and Difficult Cases – This is where tenacity and knowledge of the law matter. We do what’s necessary, even in challenging situations.
3. Experienced – Our attorneys have had years of experience in handling divorces for doctors, business owners, and executives, and we are 100% dedicated to divorce and family law.
4. Honesty and Transparency – You’ve made an important decision in your life. We respect you for that. Our approach focuses on efficiency and speed to resolve cases as quickly as we can to get your life back to normal sooner.
5. Caring & Compassionate (Truly) – We have a personal connection to divorce and family law matters. We know what it takes, even in extraordinarily difficult situations.
6. Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.
Meet Our Attorneys
Sergio Cabanas, Esq.
Managing Attorney & Founder
Laura Grossman, Esq.
Senior Associate Attorney
Brian Prieto, Esq.
Associate Attorney
Real Clients, Real Testimonials
Professional Associations
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