In today's blog we are going to be talking about an extremely sensitive topic: domestic violence. The explanations that we are going to give in this blog constitute the current law of the State of Florida, if you reside in another state, contact a lawyer in your area, for more specific cases. We do not pretend in this blog to explain all the legal resources available to victims of domestic violence, we only want to educate you on some of the resources that may be available to you. If you are a victim of abuse or domestic violence, contact the National Domestic Violence Hotline at 1-800-799-7233. Domestic violence are actions of abuse and violence carried out by one member of the couple, with respect to the other to maintain control and power over the relationship. Acts of abuse or violence do not have to be physical, an abuser can also exercise psychological violence, it can threaten and create fear on the victim of abuse, it can create emotional abuse, sexual abuse, financial abuse or even digital abuse. For more information regarding the different types of abuse, go to the following website: https://www.thehotline.org/ However, Florida Statute 741.30 defines domestic violence as 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 who is or was residing in the same single dwelling unit. In Miami-Dade County, victims of domestic violence can petition the appropriate court for an injunction or restraining order. Once the petition has been filed in court for a restraining order, the judge will issue a temporary order, in which the alleged aggressor will not be able to approach or contact the victim, while the procedure is pending. In this way, the alleged victim is being protected. Because these processes are sometimes abused by people, it will be necessary to present evidence that shows that the person has been a victim of domestic violence. As many of the actions carried out by an aggressor in cases of domestic violence, are carried out in the home, without witnesses, it will be extremely necessary that you document the abuses in the best possible way, either through photos, videos, calls to the police, reports, among others; to be able to present them to the judge, and have the judge approve your petition. Remember that any testimony and / or information that is presented in court, will be sworn as truthful, so that, if they are not true, the person who presented them could be accused of perjury. The alleged aggressor must be served with the petition and will have the opportunity to respond to it. He may also present evidences and evidence to refute the alleged victim. Finally, if the judge approves the petition, she will issue a permanent restraining order, which the aggressor must respect. If you need help with your domestic violence case, call Y. Morejon Attorney, P.A. Here we can help you with your process. In Y. Morejon Attorney, P.A. your problem is our problem.
Legal Disclaimer Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.