Miami Domestic Violence Defense Attorney

Understanding Florida Domestic Violence Laws

Family violence allegations are perhaps one of the most difficult to face. Criminal accusations involving your family and loved ones affect not only your freedom, but your closest relationships. At the Tomas Law Firm, we defend people in the greater Miami area who have been accused of domestic violence, spousal abuse, and related charges. There is a lot on the line with these types of charges, so entrust your case to a Miami domestic violence attorney who is experienced and driven to achieve the results you need.

Arrested for domestic violence? Discuss your legal defense options with our Miami domestic violence attorney today!

Domestic Violence and Restraining Orders in Florida

In Florida, family or household members can file domestic violence injunctions (also known as restraining orders) against alleged offenders. These injunctions protect alleged victims from future abuse and violence, whether threatened or physical, by restraining the perpetrator.

Domestic violence injunctions can, among other things:

• Prevent a person from coming within a certain distance of the protected person(s)
• Require a person to move out of the residence of the protected person(s)
• Prevent a person from contacting the protected person(s)

If a domestic violence injunction was filed against you, you can contest it. This is a court order and not a criminal charge, although a violation of the order could result in a criminal charge.

Impact of Domestic Violence on Child Custody and Visitation in Florida

Domestic violence accusations can harm your ability to see or have custody over your children. If you are currently entered into a child custody or visitation agreement, the child's custodial parent could petition to have your rights revoked so that you cannot see your children. The state also has the authority to revoke your custody and visitation privileges.

Understanding Florida Statutes § 741.28 on Domestic Violence

According to the Florida Statutes,

"Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

The term "family member" could refer to:

• Your spouse or ex-spouse
• Blood relative
• In-law
• Members of your household
• Someone you have a child with

According to § 741.28 of the Florida Statutes, domestic violence allegations can arise even if there was no physical violence. All that is necessary to warrant this type of charge is threatened injury – a family member feeling that they are in imminent danger.

Take Action Now for the Defense You Deserve

If you have been accused of domestic violence and are currently facing criminal charges, an injunction, restraining order, or revocation of custody/visitation rights, contact The Tomas Law Firm

Our Miami domestic violence lawyer has achieved numerous victories for clients – you can read our client testimonials to learn more about how our defense success has changed people's lives for the better.