What Is A Domestic Violence Injunction in Miami?
If you or someone you know is a victim of domestic violence, it's important to know that there are legal options available to help protect you. One of those options is a domestic violence injunction, which is sometimes also called a restraining order.
Keep reading to learn more about how to get a domestic violence injunction in Miami.
How Do I Get A Domestic Violence Injunction
If you're interested in obtaining a domestic violence injunction against someone in Miami, you'll need to file a petition with the clerk of court in the county where you live. You will also need to have the respondent served with notice of the proceedings so that they have an opportunity to appear at the hearing and present their side of the story.
At the hearing, both sides will have an opportunity to present evidence and testimony. After reviewing all of the evidence, the judge will either grant or deny the injunction. If granted, the injunctions usually lasts for one year but can be renewed if necessary.
Important Things To Consider With Domestic Violence Injunctions
It's important to note that domestic violence injunctions are civil proceedings, not criminal proceedings. This means that even if the respondent violates their injunction, they will not be automatically arrested or jailed.
However, they may be subject to contempt of court proceedings, which could result in fines or jail time. Additionally, if they violate their injunction by committing another act of domestic violence, they can be charged with that crime separately.
What Are Your Options?
Are There Any Other Options Available?
Criminal Protective Orders: If there has been an arrest for battery or stalking against the respondent and criminal charges are currently pending, you may also request a criminal protective order from the judge presiding over those charges.
This type of order will last until the criminal case is over but can be extended if necessary.
Emergency Protective Orders: If law enforcement officers respond to a call for help regarding an act of domestic violence and they determine that there is an immediate threat of harm, they can issue an emergency protective order on your behalf.
This type of order lasts for only 15 days but gives you time to go to court and file for a longer-lasting domestic violence injunction.
THE CONCLUSION ABOUT DOMESTIC VIOLENCE INJUNCTIONS IN
MIAMI BY THE GANTT LEGACY LAW FIRM
No one should have to live in fear because of someone else's abusive behavior. If you or someone you know is facing this type of situation, it's important to know that there are options available to help protect you from further harm.
One option is called a domestic violence injunction—also known as a restraining order—and this blog post has provided some basic information about how this process works in Miami. Remember, if you need immediate assistance due to an act of domestic violence, law enforcement officers can issue an emergency protective order on your behalf until you have time to file for a longer-term domestic violence injunction yourself.
Don't hesitate to reach out for help if you need it—it could literally mean life or death.
ABOUT | Ashley V. Gantt, Esq
Founder and Managing Partner
"When you find your voice, you find your purpose. I found my purpose in helping others use their voice to create their legacy."
-Ashley V. Gantt
Ashley V. Gantt, Esq.
Ashley V. Gantt, Esq. is the founder and managing partner of Gantt Legacy Law, P.A. Ashley’s interest in law began at a young age though it became a reality after teaching for six years. She is a graduate of the University of Florida in 2007 with a Bachelor of Arts in English.
Ashley was a 2007 Teach for America Mississippi Delta Corps (TFA) member where she dedicated two years to national community service in furtherance of closing the achievement gap. After fulfilling her two years in TFA, Ashley returned home to teach in Miami-Dade County Public Schools, serving as a middle and high school teacher for six years before beginning law school during her seventh year of teaching.