Everyone wants to feel safe in their homes, but unfortunately, not everyone is. Some people live in fear of a family member injuring them when they return to their home. If you have been the victim of domestic violence, you do not have to navigate the legal process alone.
A knowledgeable Coral Gables domestic violence lawyer could help protect your legal rights. At Shirazi & D’Escoubet Law Group, our family law attorneys could advocate for your rights and guide you throughout the legal process so you can feel safe again at home.
Domestic violence is any offense against a family or household member that results in physical injury or death. The harm can include assault, battery, sexual assault, sexual battery, stalking, or harassment. Kidnapping can also be a form of domestic violence.
For an act to qualify as domestic violence, the victim must have a family-type relationship with the aggressor. This can include a spouse or a blood relation. It can also include married or unmarried people who live together or have a child together. An experienced attorney in the Coral Gables area can help you understand these definitions more in detail and guide you through your legal options.
A restraining order is a legal order that requires a respondent to have no contact with the petitioner. A petitioner is the person who asks the court to order the respondent to have no contact with them. If the court grants the petitioner a restraining order, the respondent may not call, email, send messages through social media, text the petitioner, or show up at their home or work.
If the respondent disagrees with the petitioner’s request for a restraining order, the courts can order a hearing. At the hearing, the judge will hear evidence from both parties and decide if a final restraining order is necessary. A knowledgeable attorney could help a victim of domestic violence in Coral Gables file and present the proper documents in court.
When domestic violence occurs in the home, it can have an immense impact on the entire family. For example, if a family is navigating a separation or divorce, domestic violence allegations can affect custody of the children. While a court typically would consider a shared parenting arrangement where the children are with both parents for an equal amount of time, domestic violence can change that presumed agreement. The parent who committed domestic violence may have significantly limited time with the children, or the court may require supervision of the parenting time to protect the children involved.
The court takes allegations of domestic violence seriously, and it is helpful to have an attorney from Coral Gables familiar with these cases to explain the potential consequences.
Domestic violence is scary, and often family members do not know how to protect themselves or their loved ones when they are involved in such a situation. But you do not have to face the legal process alone. A knowledgeable Coral Gables domestic violence lawyer could help you navigate the legal process and keep you and your family safe.
At the Shirazi & D’Escoubet Law Group, our team understands how complex domestic violence can be. We could advocate for you and your family and make sure you feel safe. Contact our experienced team of lawyers today to discuss your next steps.
(786) 518-3668 