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Domestic Violence Attorney in Miami, FL

At The Family Matters Law Firm, we guide individuals through domestic violence issues that harm families and have important implications for divorce and child custody.
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Protection Against Domestic Violence in Florida

If you are experiencing domestic violence, you may be feeling stressed, overwhelmed, and unsure of your next steps. Our attorneys can help.

Domestic violence is defined as any assault or battery committed against a family member or household member. For assault or battery to be considered “domestic,” it must be committed against a spouse or ex-spouse, co-parent, relative by blood or marriage, or current or former housemate.

Domestic violence has important impact on divorce proceedings, and can affect child custody, division of property, and spousal support.

If you are experiencing domestic violence, we can guide you through the legal process to be free from this stressful, traumatic situation. Contact The Family Matters Law Firm today to schedule a strategy session.

Forms of Domestic Violence

Domestic violence or abuse can take many shapes and forms. Knowing the different types of domestic violence is essential to protecting yourself and recognizing when this abuse is occurring.

A few common forms of domestic violence and abuse include the following:

  • Physical violence
  • Sexual violence
  • Emotional abuse
  • Kidnapping
  • Threats regarding children
  • Other behaviors evoking fear

First, take action to remove yourself from any immediate physical harm. Second, if you are married to the abuser or you share a child, contact The Family Matters Law Firm to schedule a strategy session where we can discuss the significant family law implications pertaining to your unique case.

What are the Legal Penalties for Domestic Violence?

According to Florida law, the minimum punishment for committing domestic violence is five days in the county jail. Depending on the severity of the assault or battery, the abuser may receive a longer Florida state prison sentence as well.

Some other possible penalties may include fines, probation, community service, completion of a batterer’s intervention program, loss of civil liberties such as concealed carry rights, and imposition of a “no contact” order. Harsher penalties can come from additional charges, such as assault and battery.

How Can I File a Restraining Order to Protect Against Domestic Violence in Florida?

Understand that the legal penalties for domestic violence may not be enough to protect you from an abuser. This may be especially true if the abuser has not been reported or charged. If you are in immediate danger or fear for your safety, you should call 911.

However, if you are currently safe but you are afraid for your future safety, or would like to report past domestic abuse, we can help you by filing a restraining order.

Specifically, we would file an “Injunction for Protection Against Domestic Violence.” This court order will demand that the abuser stop all violence and threats and stay away from you, or face a penalty of jail.

After filing this order, you and your abuser will need to attend a hearing at a later date. A judge will determine the duration of the injunction. Contact us today to begin this important step to protect your safety.

Ask a Question,
Describe Your Situation,
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Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

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We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

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Why Choose The Family Matters Law Firm ?

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Legal concerns with family can cause intense stress and have far-reaching effects. This can be especially true when children are involved. You also have a lot of financial interests in a family law case, so you must partner with the right attorney. The team at The Family Matters Law Firm is the right choice for these reasons:

  • We understand family. The Family Matters Law Firm offers our clients a family-friendly environment. We understand how delicate legal issues are with spouses, partners, and children.
  • We speak Spanish. Language barriers shouldn’t be a problem when you work with our firm. We speak Spanish and can understand your personal concerns.
  • We have the experience and skills. Family law is not something anyone should take lightly. Our attorneys have been practicing law for more than 20 years. We understand the critical aspects of family law and the essential steps with each case.

How Does Domestic Violence Affect Child Custody?

If you share custody of a child with a parent who has committed domestic violence, these actions may impact their right to custody. The Florida court typically assumes that giving custody to an individual who has been convicted of domestic violence would be detrimental to the child.

However, even if the parent has not received a conviction, the court will consider any evidence of domestic violence or abuse when determining child custody. You can file a motion to change your pre-existing parenting plan through the Florida court system.

Working with a qualified attorney during the child custody process can ensure that the court knows about any concerns of abuse and considers these when making final decisions.

How Can a Domestic Violence Divorce Attorney Help?

If you are experiencing domestic violence, you shouldn’t need to navigate the legal process alone. Our attorney team can file a court order against your abuser, report their actions, and represent you in court, if necessary.

Our experienced divorce and family law attorneys are deeply familiar with child custody, property division, and spousal support implications of domestic violence.

You don’t need to suffer through domestic violence any longer. Contact our domestic violence attorneys at The Family Matters Law Firm today to schedule your strategy session.

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Schedule A Case Review

Click to Call (305) 701-2901

Contact The Family Matters Law Firm

Are you ready to schedule your strategy session? Complete our online form and we will get in touch with you right away.

Ask a Question,
Describe Your Situation,
Request a Consultation

Call (305) 701-2901 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

* Required Fields

Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Real Clients, Real Testimonials

  • Honest very Fair Reasonable Compassionate will not run your bills please give her a chance she has represented me for 5 Yrs just a good person she won all for me more than that she is very helpful. Just a example It took 5 yrs my Ex was Very Angry Sadly she found a Attorney who promised here everything she wanted just lies after lies he was a very Cruel Human being just drained her she spent over 250k and ended up receiving 225k as Equity Distribution
    My prayers for all is to Settle no point in Litigation However if your Attorney plays with your Emotions and lies to you it will end in very painful state .THATS WHY BE CAREFUL WHICH ATTORNEY YOU CHOOSE VERY IMPORTANT OR like be you will be Bankrupt and Almost Homeless.
    I had good friends and family who helped my Attorney I owed her over 50k which was very Noble of her Emily Philips to Trust me and I did pay her but she didn't have to do very few Attorneys will do that .
    So Consult with Emily Philips before u decide on a Representation..
    Shalom

    - Denis Thali

  • Emily Phillips helped my family navigate and win a difficult child custody case. A wise, tough lawyer who cares about her clients. She was a godsend after 3 very bad lawyers.

    - Megan b

  • Ms. Phillips is an extremely empathetic and professional Lawyer. She handled our Petition of Guardianship, and 2 Last Will and Testaments, in a very swift and detailed manner. Upon my Father's passi g on, she reached out to our family, offering her condolences. She has clients for Life in myself and my family!

    - Nora Adler

  • The most effective, intelligent and caring divorce lawyer in Miami.

    Emily Phillips successfully helped me to resolve a highly bitter divorce case with an excellent outcome! My ex was unreasonable and only out for blood and revenge. Her attorney only cared about taking my money and padding his pocket by filing lawsuit after lawsuit. He didn't care about the effect of litigation on my child. Emily put a stop to the shenanigans. She is a bright, intelligent, caring, reasonable, and most importantly, a very effective lawyer!

    - anonymous

  • Best Divorce Attorney

    Hired Emily thru a Friend Reccomendation in 2011... Very Honest Understanding Down to earth Person,,, Doesnt up sell or makes False Promises says it as it is . Very Logical and upfront ...I went thru 2 Trails and she won it all. The opposing Lawyer was a Bluff Promised my EX everything and ended up with nothing...

    - Denis

  • Partner

    Emily has been helping us on all our closings. She has always provided us with an exceptional service and we are looking forward working with Emily on our next deal.

    - anonymous

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2 S. Biscayne Boulevard Suite 2200, Miami, FL 33131

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Mon-Fri 9:00 am - 5:30 pm
The experienced attorneys and staff at The Family Matters Law Firm are here to serve you Monday through Friday from 9:00 a.m. to 5:30 p.m. We understand that divorce is not a decision anyone takes lightly and want to help you move through the process as painlessly as possible. Call us at (305) 701-2901 to discuss your case. If you contact us outside of business hours, we will respond to you when our office opens the following day. We’re here for you because family matters.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.