We Protect the Abused. We Defend the Accused. We Fight for the Truth.
Domestic violence cases in Fort Lauderdale move fast, and a single injunction hearing can have a significant impact on where you live, who has your children, and what your record shows before you have had time to fully understand what is happening. The complexity cuts both ways: protecting someone in real danger requires a different strategy than defending someone facing allegations that do not reflect what actually occurred, and treating those two situations the same can lead to unfavorable outcomes.
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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 in Fort Lauderdale 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 can immediately impact time-sharing arrangements, support obligations, and property decisions because the court must prioritize safety in every family proceeding. Our Fort Lauderdale domestic violence attorneys coordinate across all affected areas so your case moves forward with complete information, whether you are seeking protection or responding to serious accusations.
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 search for domestic violence representation in Fort Lauderdale, what matters most is whether the firm treats your case with the seriousness it requires or processes 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.
Domestic violence cases in Fort Lauderdale involve two very different people who may walk through the same door: someone seeking protection and someone responding to allegations. Our Fort Lauderdale domestic violence attorneys follow a structured process that begins without assumptions about who you are or what happened, because the law must account for both realities. We gather the full picture of your situation so that every available option is on the table. What comes next depends on your circumstances, but the process is built so that safety and stability remain the measure of every decision made on your behalf.
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 any act that places someone in danger of, or makes them reasonably believe they are in imminent danger of, great bodily harm or death. You do not have to be married or even related to the other person. People who reside in the same household, even if not blood related, fall within the statute's protection.
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 meets the statutory standard. 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.
Florida has three distinct types of protective orders, depending on the type of case. In criminal cases, a judge may issue a victim no-contact order. In domestic violence court, a petitioner can seek a temporary or permanent injunction against domestic violence. In family cases such as divorce or paternity, the court can issue a stay-away order. These are separate legal instruments with different procedures and different courts.
On the criminal side, if police respond and find evidence of domestic violence, they may make an arrest. The judge then imposes a victim 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 path.
In domestic violence court, you file a petition for an injunction against domestic violence. A judge reviews your petition, and if the facts support it, a temporary injunction can be issued the same day, before the other party is even notified. A hearing is then scheduled where both sides present their case. Trials for injunctions happen in domestic violence court, not family court.
In family cases, such as a pending divorce or paternity action, the court can issue a stay-away order to keep one party away from the other during the litigation. This is a separate mechanism from the injunction process.
Cabanas Law Firm handles family cases involving stay-away orders and domestic violence court trials for injunctions against domestic violence and stalking. Criminal defense is a separate matter handled by separate counsel. Many people pursue multiple paths at the same time. The outcome of one does not determine the other.
The statutory standard requires the petitioner to demonstrate under oath that he or she has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence. This is a reasonable-person standard. The facts alleged in the petition must lead the judge to believe the standard has been met. One incident is enough. Severity of injury is not a separate threshold.
This is straightforward: if you hit, held a gun up, threatened with a knife, or engaged in any act that put someone in fear of great bodily harm — even if no mark was left — that can be sufficient. The court looks at whether a reasonable person in the petitioner's situation would believe they are in imminent danger.
The petition must include at least one incident within six months of the filing date. The longer the gap between the last incident and the petition, the harder it becomes to demonstrate imminence. There is no fixed deadline beyond that six-month guideline, 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 petitioner reasonably believes they are in imminent danger, looking at the context, the history between the parties, and any pattern of escalating behavior.
Many people hesitate to file because nothing "physical" has happened yet. But the statute explicitly covers threats and conduct that creates a reasonable fear of imminent danger. 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 believe they are in imminent danger. 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 timesharing and parental responsibility significantly. Florida courts are required to consider evidence of domestic violence when determining parenting plans. Under Florida law, a minor child who witnesses violence between the parties is considered a victim of domestic violence. That finding directly impacts how the court structures parenting time.
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 immediate. The court may order supervised visitation, restrict overnight timesharing, or require exchanges through a neutral third party.
Domestic violence has no bearing on equitable distribution of property. The injunction and the divorce remain legally separate proceedings on the property side. But in practice, an injunction 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 family law and domestic violence law. An attorney who handles both can evaluate how one case affects the other in your specific situation.
False accusations do happen, sometimes to gain an advantage in divorce or custody proceedings. The system is designed to protect the alleged victim first, which means a temporary injunction 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 injunction 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. This firm has been involved in matters where one spouse files allegations specifically to gain leverage. 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 an injunction — 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 victims of domestic violence, 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. People who reside in the same household and are not blood related are also covered by the statute.
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. This firm has seen situations where one spouse files allegations 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. If coordination with immigration counsel is needed, including potentially delaying a divorce to preserve immigration options, that is something the firm can work through.
If you are in immediate danger, please call 911 or a local hotline right away. Filing for an injunction can help set legal limits that may protect your future, and when you are safe and ready, a confidential Case Evaluation offers a solid starting point.
We use this call to confirm that your situation aligns with our practice areas and that you are located in a jurisdiction we serve. We also check for conflicts of interest so we can determine if we are the right fit for you.
Contact our domestic violence team in Fort Lauderdale to take the next step.
If you are in immediate danger, please call 911 or a local hotline right away. Filing for an injunction can help set legal limits that may protect your future, and when you are safe and ready, a confidential Case Evaluation offers a solid starting point.
We use this call to confirm that your situation aligns with our practice areas and that you are located in a jurisdiction we serve. We also check for conflicts of interest so we can determine if we are the right fit for you.
Contact our domestic violence team in Fort Lauderdale to take the next step.
