Domestic violence is a grave issue that affects individuals and families across Miami and the broader Florida community. If you or a loved one are facing domestic violence, whether as a victim seeking protection or as someone accused of such acts, the legal ramifications can be profound and life-altering. At the Law Office of Adriana P. Santiesteban, we are dedicated to providing compassionate, knowledgeable, and effective legal representation for those impacted by domestic violence. Attorney Santiesteban is committed to guiding you through every step of the legal process, advocating for your rights, and working toward a resolution that ensures safety and justice.
Our Miami law firm understands the sensitive and urgent nature of domestic violence cases. We approach each situation with professionalism and care, recognizing the emotional and physical toll these matters can take. Whether you need assistance obtaining a protective order, defending against false accusations, or navigating related family law issues, we are here to support you.
Understanding Domestic Violence in Florida
Florida law defines domestic violence as any assault, battery, stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death of one family or household member by another. Domestic violence cases can involve spouses, former spouses, individuals related by blood or marriage, cohabitants, or individuals who share a child.
Types of Domestic Violence:
- Physical Abuse: Hitting, slapping, pushing, or any form of physical harm.
- Emotional and Psychological Abuse: Intimidation, threats, manipulation, or controlling behavior.
- Sexual Abuse: Any non-consensual sexual activity.
- Stalking and Harassment: Repeated unwanted contact or surveillance causing fear.
- Economic Abuse: Controlling or limiting access to financial resources.
Legal Protections Available:
- Injunctions for Protection (Restraining Orders): Court orders that prohibit the abuser from contacting or approaching the victim.
- Emergency Protective Orders: Immediate, temporary orders issued when there is an imminent threat.
- Criminal Charges: Prosecution of the abuser for domestic violence offenses.
- Support Services: Access to counseling, shelters, and other resources for victims.
Our Legal Services in Domestic Violence Cases
At the Law Office of Adriana P. Santiesteban, we offer comprehensive legal services to address all aspects of domestic violence cases.
For Victims Seeking Protection
Injunctions for Protection:
- Filing Petitions: Assisting in preparing and filing requests for protective orders.
- Representation at Hearings: Advocating on your behalf during court proceedings.
- Enforcement: Ensuring compliance with court orders and taking action if violations occur.
Safety Planning:
- Resource Connection: Connecting you with support services, shelters, and counseling.
- Legal Guidance: Advising on steps to protect yourself and your children.
Divorce and Custody Matters:
- Family Law Integration: Addressing divorce, child custody, and support issues impacted by domestic violence.
For Individuals Accused of Domestic Violence
Defense Representation:
- Case Evaluation: Analyzing the charges and evidence against you.
- Rights Protection: Ensuring your constitutional rights are upheld.
- Strategic Defense: Developing a defense strategy tailored to your situation.
Injunction Challenges:
- Contesting Protective Orders: Representing you in hearings to dispute or modify injunctions.
- Negotiation: Working toward resolutions that minimize impact on your life.
Record Protection:
- Expungement Eligibility: Advising on options to seal or expunge records when applicable.
Our Approach
Compassionate and Confidential Representation
We recognize the sensitive nature of domestic violence cases. Our approach focuses on:
- Empathy and Respect: Providing a safe and supportive environment where you feel heard and understood.
- Confidentiality: Handling your case with the utmost discretion to protect your privacy.
- Transparent Communication: Keeping you informed at every stage and explaining legal procedures clearly.
- Personalized Strategies: Tailoring our legal services to meet your specific needs and goals.
Professionalism and Integrity
- Ethical Standards: Upholding the highest levels of professionalism and integrity.
- Commitment to Justice: Advocating passionately to achieve the best possible outcomes.
- Attention to Detail: Meticulously preparing your case to ensure all aspects are thoroughly addressed.
Why Choose the Law Office of Adriana P. Santiesteban
- Experienced Domestic Violence Attorney: Attorney Santiesteban has extensive experience handling sensitive domestic violence cases, representing both victims and those accused.
- Dedicated Service: We provide personalized attention, focusing on each client’s unique circumstances.
- Bilingual Support: Fluent in English and Spanish, we effectively serve Miami’s diverse community.
- Accessible and Responsive: We prioritize prompt communication and are available to address your concerns throughout the process.
- Holistic Approach: We consider all aspects of your situation, including legal, emotional, and safety concerns.
Contact Us
Take Action to Protect Your Rights and Well-Being
If you’re affected by domestic violence, whether seeking protection or defending against accusations, the Law Office of Adriana P. Santiesteban is here to help. Contact us for a confidential consultation to discuss your situation and learn how we can assist you.
Phone: (786) 360-2122
Cell: (305) 202-4171
Fax: (305) 735-7663
Email: Adriana@Attorneyaps.com
Address: 11890 SW 8th Street, Suite 406, Miami, FL 33184
Frequently Asked Questions (FAQs)
Q: How quickly can I get a protective order in Florida?
A: Upon filing a petition for an injunction, the court can issue a temporary protective order the same day if it deems there’s an immediate and present danger. A full hearing will be scheduled, typically within 15 days, to determine if a permanent injunction is necessary.
Q: What evidence is needed to obtain a protective order?
A: Evidence can include police reports, medical records, photographs of injuries, witness statements, threatening messages, and any other documentation showing abuse or threats.
Q: Can a protective order include provisions for child custody and support?
A: Yes, the court can include temporary arrangements for child custody, visitation, and support within a protective order to ensure the safety and well-being of the children.
Q: What should I do if I am falsely accused of domestic violence?
A: It’s crucial to seek legal representation immediately. Do not violate any existing protective orders. We can help you gather evidence, present your case, and protect your rights.
Q: Can domestic violence charges be dropped if the victim wants to?
A: While the victim’s wishes are considered, the decision to drop charges lies with the prosecutor. Domestic violence is a criminal offense against the state, and prosecutors may proceed if they believe there is sufficient evidence.
Q: How does a domestic violence conviction affect my future?
A: A conviction can lead to jail time, fines, mandatory counseling, loss of gun ownership rights, and a permanent criminal record, which can impact employment, housing, and other opportunities.
Q: Are there resources available for domestic violence victims?
A: Yes, numerous organizations provide shelter, counseling, legal assistance, and other support services. We can connect you with resources tailored to your needs.
Q: Can I modify or terminate a protective order?
A: Either party can request a modification or termination of an injunction by filing a motion with the court. The court will consider whether circumstances have changed sufficiently to warrant the modification.
Q: What is the penalty for violating a protective order?
A: Violating a protective order is a criminal offense and can result in arrest, jail time, fines, and additional charges.
Q: How do I get started with addressing domestic violence legal matters?
A: Contact us to schedule a confidential consultation. We’ll discuss your situation, explain your options, and guide you through the next steps.
Domestic violence is a serious matter that requires immediate attention.
Contact the Law Office of Adriana P. Santiesteban today to receive the compassionate and skilled legal support you deserve.
