Domestic violence attorney Miami

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Domestic Violence Facts

Domestic Abuse covers a wide range of offenses. The victims of such violence do not need to be technically married. They simply must have experience any sort of violence from someone they are currently living with. The law defines it as a felony or misdemeanor crime against a spouse or someone with whom they cohabitant. Domestic violence statistics show that women are the victims of home abuse. Domestic violence cases have been on the rise since the 2008 recession. According to divorce statistics, 1 in 4 women have experienced some sort of domestic abuse throughout their life time.

It is well noted that emotional abuse has become pervasive in the US, since wife battery lands people in jail. In the old days, home abuse was considered a private matter.

The causes of household violence are when a spouse wishes to have or regain power over their partner. The domestic violence attorney miami offers legal representation for domestic violence cases.

Consideration of Domestic Abuse

  • Verbal Abuse – This involves saying a negative comment or withholding information. This verbal abuse has to create pain or mental anguish on the victim.
  • Emotional Abuse – This abuse places the victim in a situation that may result in a physiological trauma like anxiety or chronic depression. The typical negative behavior include: saying things that annoy the victim, preventing the victim from speaking with someone or their family, and random jealousy fits.
  • Economic Abuse – This occurs when one spouse has complete control over the finances of the victim. This abuse often overlaps with financial abuse, which means the illegal use of a person’s property. This can be done by controlling the spouse’s mobility or by threatening them.
  • Physical Abuse – This one is pretty self-explanatory. When the spouse strikes the victim, the spouse engages in physical violence. Such violence includes punching, biting or kicking a person.
  • Sexual Abuse – This only occurs when the other spouse forces its partner to engage in intercourse against their will.

History of Home Abuse

Wives with property were considered legal since Roman times. In Rome, wives were considered the husband’s legal property. This provision was part of Roman law to enforce chastity on women and to prevent wives from cheating on their husbands. As a result, for many centuries, wife battery became legal in Europe. The Rule of Thumb, as it was called, carried over to the Americas, when it got colonized by the Europeans. At the start of the 20th century, many domestic violence laws have been enacted to punish men when they have committed battery on their wife. Despite these laws, there still are many deaths due to household violence. In Florida, the home abuse commemorates all the victims of Domestic abuse.

Domestic violence attorney Miami and the Restraining Order

Restraining Orders are issued by the court. It serves as a legal aid home abuse. They compel a certain person to either do or stop doing a certain behavior. They are usually given out when in the abuser has domestic abuse charges. However, the plaintiff must give believable domestic abuse stories. The plaintiff needs a domestic violence attorney Miami to get a stronger restraining order. Persons that disobey a restraining order usually get either civil or criminal penalties. They may have to pay for damages or submit to given sanctions. If they continue to disobey the order, the person gets charged with contempt, and as result must spend some time in jail. Restraining Orders can have additional provisions. Bellow you can read different types of restraining orders provisions:

Domestic Violence Miami
  • Stay Away Provision – This provision instructed to stay away from a person’s home, workplace and school.
  • No Contact Provision – This provision forbids the accuser from sending messages, gift or sending emails to the victim.
  • Cease Abuse Provision – This forbids the accuser from continuing abusing the victim in either physical or mental ways.
  • Support Provisions – In some states, the abuser may be forced to pay for a property that is still owned by both himself and the victim.
  • Exclusive Use Provision – This provision gives the victim exclusive use of a car owned by both the victim and the abuser.
  • Restitution Provision – This forces the abuser to pay for property damage or health expenses of the victim.
  • Relinquish Firearms Provision – Some courts may demand the abuser give up his or her firearms.

In 2010, the Journal of the American Academy of Psychiatry did 15 studies of the usefulness of a restraining order. Based on their divorce and domestic violence statistics, they concluded that restraining orders were useful when trying to manage threats. Still, they noted that 40% of the restrain orders are usually violated within the first year. From that amount, 20% of the violators proceeded to commit even worst atrocities upon the victim, because the restraining order angered them.

For example, most restraining orders issued against stalkers get violated 68% of the time. The problem is that because the restraining orders are given so easily, the abusers rarely take them seriously. Threat management experts seem skeptical of the usefulness of the restraining order. At most, they simply prove the victim’s accusations against their abusers, even if they only offer symbolic household violence divorce help.

Effects of Domestic Violence Miami

Currently the World Health Organization estimates that about 40 % of women murder victims are killed by abuse or their partners. The effects of home abuse can be devastating, victims are more likely to commit suicide. Women may be more or less vulnerable to certain types of abuse, and may have difficulty accessing legal remedies or obtaining protection from abuse because of their ethnicity, economic status or cultural level. Some women due to the effects of home abuse have very low self-esteem so they tend to look only degrade and get bad jobs.

The effects of household violence also occur in children, family, friends and work. Children in homes where domestic abuse occurs may be witnesses to abuse, can in turn be abused and damaged. Understanding the effect of home abuse on children, family and in particular the relationship between spouse and child abuse help household violence and community centers against violence play a very important role.


questions and answers about Domestic Violence Miami

FAQ about Domestic Violence Miami and the Domestic violence attorney Miami

To get a restraining order, you simply go to the court house, visit the clerk’s office and fill out a home abuse intake questionnaire. The victim should come with the filled form to the domestic abuse court in Miami. The clients may need a restraining order lawyer for their court appearance. However, for a temporary restraining order, the plaintiffs may not need a domestic violence attorney Miami for restraining orders. In the Clerk’s office, you may file order of protection law to go along with your restrain order.
There is no filing fee for home abuse cases. If you live outside the state, you may need to pay a sheriff service fee.
Any person can put a restraining order against someone. You have to be at least, 12 years of age to put a restrain order.
Temporary restraining orders last for three weeks. The order is not valid until the abuser gets notified of the restrained order. When the abuser goes to the court hearing, the judge will decide how long the restrain order will last. The orders can last up to 5 years.
In order to get a restraining order, you need to speak to one of Gallardo’s lawyers. You need your Domestic violence attorney Miami to petition for a lift. Before filing this petition, you need to follow it for some time. This will prove your sincerity to the judge and to the person who filed the order against you.
No, the judge will always find fault against the abuser. Divorce law information clearly states that any partner guilty of household violence will always be at fault. It is not too hard proving domestic abuse divorce.
Home abuse causes a lot of harm to society. It is estimated that the total cost of injuries cost $44 million dollars a year. Household violence also causes homelessness. About 50% of all homeless are women and children fleeing from a domestic abusive family member. The entire cost of all lifetime victims exceeds the $96 billion dollars.
Home abuse affects children in many negative ways. Some may even grow up into future perpetrators of home abuse. Statistic shows that 20% of domestic abuse perpetrators where former victims of home abuse.
Domestic abuse affects the women and children. Children themselves may not be abused. However, they become traumatized when they see one of their parents engaging in home abuse.
According to 32-nation study by the University of New Hampshire, women are as likely as men to engage in household violence. However, men are rarely willing to talk about abuses. About 32% of men have experience some sort of home abuse perpetrated by a girlfriend. This rate was twice as large among teenage women. These women generally used to kick, push or threaten their male partners. They also use weapons more often than men. Based on the questionnaires below are the three main reasons why women abuse men: 1. Struck partner because he refused to listen. 2. Struck partner because he was not being attentive to her needs. 3. Struck partner to call his attention.
Many believe that the most home abuse comes about because of alcohol or substance abuse. However, abusers use substance abuse as an excuse to perpetrating home violence. Violence is used to exert control over a person. It does not technically come about when a person loses control.
Poverty has been known to increase the cases of household violence. This was well noted by the increase that occurred as a result of the 2008 recession. Their inability to get out of financial problems tends to frustrate the provider, making them angrier. They may at times perpetrate home abuse to vent their frustrations.
Aside from physical injuries, battered wives and husband may suffer from chronic pain, psychosomatic symptoms, and eating problems. Former abused women run higher risk of getting an unplanned pregnancy or a serious STDs.
Household violence puts a strain on the economy. Just having to pay for injuries costs millions of dollars a year. Victims themselves have a hard time becoming or staying productive members of society. Many must miss work at least 5 times, per month. This loss of productivity damages the economy.
The fees depend on the case. Many law firms have flat fees, regardless of the case.