When a family member is accused of abuse, it can be overwhelming and a stressful time. In this situation, it is important to have a divorce attorney in your corner who can guide you through the process.
Every person has the right to live free from physical, emotional or sexual abuse. Abuse is not your fault and does not deserve to be in your life.
There are a number of legal options for survivors to pursue, including seeking restraining orders, obtaining an order of protection and pursuing financial compensation. These remedies can provide a much-needed break from abusive behaviors and allow victims to get their lives back on track.
Obtaining a Restraining Order
When someone is the victim of domestic violence, it can be hard to know where to turn next. A restraining order can provide the necessary protection to prevent future abuse and ensure that a person who has been arrested for committing acts of domestic violence cannot return home or see his or her children.
A restraining order can also be used as a tool to help victims of domestic violence who are dealing with the effects of a violent crime, such as losing their home or being displaced from their job. An injunction for protection can limit the abuser’s ability to have any contact with his or her former partner and can even include requirements for the perpetrator to attend a batterers’ intervention program.
Choosing the Right Attorney
One of the biggest questions for a victim of domestic violence is whether they should hire an attorney to represent them in the case. While many individuals feel that they do not need a lawyer, it is essential to retain an experienced one in this type of situation.
The best way to find out what your options are is to contact a domestic violence lawyer in Miami. They can provide an evaluation of your case and give you guidance on what steps should be taken.
Defending Your Case
A domestic violence lawyer will evaluate the charges against you, identify what elements of the case must be proven in order for you to be convicted and introduce evidence that will prove your innocence. This can be done in pre-trial or at trial, depending on the specific circumstances of your case.
Often, a defending attorney will meet with the prosecutor to discuss the charges and potential penalties, and they may enter into negotiations with the prosecutor to obtain a reduction in penalties or a dismissal of the charges. In some cases, a domestic violence lawyer can even testify on your behalf and present evidence that you are innocent of the charges you are facing.
In some cases, the perpetrator of domestic violence will file false charges against his or her ex-partner. The false charges may be motivated by hatred, revenge or jealousy. This type of case is very common in Florida, and can be challenging to defend without an experienced domestic violence lawyer.