Miami Domestic Violence Defense Attorney
False allegations of domestic violence are a common occurrence in Florida as well as in other states across the United States. Domestic violence laws were enacted to protect real victims of domestic abuse, but are often misused by citizens to gain a favorable position in a child custody battle or divorce. If you have been falsely accused of domestic violence in Florida you need proper legal representation right away so that your voice can be heard. Contact an experienced Miami domestic violence defense attorney.
Domestic Violence Defense Attorney Serving Miami and Ft. Lauderdale
A false allegation of domestic violence that is not properly dismissed can result in several life changing consequences. Miami domestic violence defense attorney Julia Kefalinos can help you prove your innocence and ensure that you don’t lose months of your life due to a vicious lie.
Taking Advantage of Domestic Violence Laws
Angry wives, girlfriends and domestic partners may attempt to seek revenge on their significant others for failed relationships by making false claims of domestic violence. They are able to take advantage of domestic violence laws by using them to:
- Gain custody of children in a custody battle;
- Receive more compensation in a divorce; or
- Deport the accused back to their country of origin.
These are remedies provided for real victims of domestic violence, and should not be used to punish someone innocent because of a personal vendetta.
Florida Laws on Domestic Violence
The biggest reason citizens are able to use allegations of domestic violence to get what they want is because Florida’s statute broadly defines what constitutes domestic violence. The purpose of the statute is to prevent victims of domestic violence from having to face their attacker again through injunctive relief. However, improper use of the statute can make it so that a person who is wrongly accused can be punished for a crime they didn’t commit without a trial. More specifically, Section 784.046(6)(c) allows an “ex-parte temporary injunction” to be filed against the accused. All an angry spouse or significant other has to do is go to the courthouse in their county and file a sworn petition claiming that the accused abused them. The ex-parte temporary injunction will usually be granted and will prevent the accused from entering his/her home until a hearing. The hearing determines whether a final injunction for protection will be entered against the accused. It is important to have adequate legal representation during this hearing because it is a civil proceeding, and thus less proof is required for the final injunction for protection to be granted.
Consequences of a Final Injunction for Protection
Once a final injunction for protection is entered against you, there are a number of consequences that you may face:
- You may not be able purchase or have firearms in your possession;
- You may have to vacate a shared residence;
- Your visitations rights with your children may be reduced;
- You may be deported;
- Your application for citizenship may not be accepted; and
- A violation of the injunction may result in jail time and a record.
Contact a Miami Domestic Violence Defense Attorney for False Allegations of Violence
People who make false claims of domestic violence are never prosecuted over the concern that other victims will not come forward. However, Julia Kefalinos is a dedicated Miami domestic violence defense attorney who can help represent your interests in a domestic violence case. Whether you are at risk of losing your kids or facing deportation, Julia Kefalinos will help uncover all of the facts to prevent you from being wrongly punished. Contact us today.