Domestic Violence

Domestic Violence Lawyers in Stuart, FL

Protection & Defense in Domestic Violence Cases

Domestic violence is a severe legal and personal crisis that requires immediate, decisive action. At ADL Law, P.A., our family law practice is well-equipped to represent both individuals seeking protection from abuse and those who have been wrongfully accused of domestic violence. We understand the high stakes and the emotional toll these cases take, and we act swiftly to protect your rights and your future.

Discuss your case with a Stuart domestic violence attorney in a free evaluation. Call (772) 280-5052 or contact us online for an office or virtual consultation.

Seeking Protection from Domestic Violence

In Florida, domestic violence is defined as any:

Assault
Battery
Sexual assault
Stalking
Kidnapping
False imprisonment
Any other criminal offense resulting in physical injury or death of one family or household member by another

The law allows individuals who are victims of violence to seek a Protective Injunction (often called a restraining order). Those who fall under the domestic violence law include:

Spouses or former spouses
Related by blood or marriage
Living together as a family or having lived together as a family in the past (with exceptions for temporary sharing of a dwelling)
Parents who have a child in common, regardless of whether they have ever been married or lived together

How ADL Law, P.A. Can Help Victims

When a client comes to us seeking protection, speed is critical. We immediately guide you through the process of obtaining a court-ordered Protective Injunction:

Filing the petition - We help you prepare and file the detailed Petition for Injunction for Protection Against Domestic Violence with the Circuit Court. This petition must clearly allege facts and specific instances of violence, abuse, or threats.
Ex Parte hearing - We seek an immediate Ex Parte Temporary Injunction, which is granted by a judge based only on the victim's sworn testimony and paperwork. This order is typically issued within hours and immediately provides temporary protection.
Final hearing - We represent you at the subsequent formal hearing, where the accused party has the opportunity to appear. We present evidence and testimony to the judge to demonstrate the need for a Final Judgment of Injunction for Protection.

Defending Against Wrongful Accusations

It is an unfortunate reality that accusations of domestic violence can sometimes be exaggerated or fabricated, particularly in contentious divorce or child custody battles, as they can be used to gain leverage in a family law case.

If you have been served with a temporary injunction, it is crucial to seek immediate legal defense.

How We Can Help the Accused

We aggressively defend clients against wrongful allegations by:

Challenging the evidence - We scrutinize the petitioner's allegations for inconsistencies, lack of corroboration, or malicious intent.
Presenting your case – We prepare evidence and testimony for the Final Hearing to demonstrate that the claims are untrue or that there is no imminent danger, arguing that a permanent injunction is unwarranted.
Protecting your rights - We work to achieve an injunction process that is not abused as a tactic to gain an unfair advantage in time-sharing or property disputes.

The Legal Procedure & Terms of an Injunction

A protective injunction is a powerful court order in civil proceedings. If the injunction is granted, its terms are immediately enforceable by law enforcement, and any violation is a first-degree misdemeanor.

What a Protective Injunction Can Include

A Final Judgment of Injunction for Protection can include particular and broad conditions designed to ensure the safety of the petitioner and any minor children.

No contact order: Prohibiting the accused from having any contact with the petitioner, either directly or indirectly (via phone, text, email, or third parties).
Distance requirement: Requiring the accused to stay a certain distance (for example, 500 feet) away from the petitioner's home, workplace, school, or the children's school/daycare.
Temporary exclusive use of dwelling: Granting the petitioner temporary exclusive use and possession of the parties' shared dwelling, often requiring the respondent to vacate immediately.
Firearm prohibition: Ordering the accused to surrender any firearms or ammunition to law enforcement.
Temporary custody/child support: Establishing temporary time-sharing and child support orders while the injunction is in effect.

Our firm is committed to providing focused, efficient, and discreet representation in these high-stakes cases. Whether you need an experienced advocate to secure your safety or a tenacious defense attorney to clear your name, we are here to fight for you.

Contact us online or at (772) 280-5052 for a free initial consultation and urgent assistance from a Stuart domestic violence attorney today.

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