Miami-Dade · Injunctions
Miami Domestic Violence Lawyer for Injunction Matters
If you have been named in a domestic violence injunction case, the papers may affect where you can go, whom you can contact and what happens at an upcoming hearing. Laguna Legal represents respondents in Miami-Dade, including people who believe the allegations are false or incomplete. Attorney Milagros “Millie” Laguna helps clients evaluate the petition, prepare relevant information and address the court process.
Overview
Understand the type of case you have
A civil injunction is a protective court order. It is a different proceeding from a criminal prosecution, although the same events can lead to both. Violating an injunction can create additional legal consequences.
This page concerns representation in civil injunction proceedings. If you have also been arrested, charged or contacted about a criminal investigation, say so at the first contact and confirm who will handle that matter.
A court may issue temporary relief before hearing from both sides. That does not mean the final hearing is unnecessary. Orders can include contact restrictions and other requirements that depend on the circumstances; the terms actually entered in your case control.
Source: Florida Statutes, section 741.30 (opens in a new tab) — domestic violence injunction procedure.
Is this your situation?
Who this page is for
This page is for you if
You have been named as the respondent in a domestic violence injunction petition.
You have received a temporary protective order and a notice of hearing.
You dispute the allegations, or believe they are incomplete, and need to prepare a factual response.
An injunction overlaps with a divorce, paternity or parenting matter.
Consider instead
The petition alleges stalking or cyberstalking rather than domestic violence.
Stalking injunctionsYou have been arrested or charged and need criminal defense.
Tell the firm at the first contactWhat to do
After you receive the papers
Contacting the office does not confirm representation, continue the hearing or suspend an order.
Read everything together
The petition, any temporary order and the notice of hearing. Identify the hearing date, location or remote instructions, and every restriction imposed.
Follow the order
If the other person contacts you or suggests meeting, do not assume that permission changes the court’s restrictions.
Ground your response in facts
Identify the allegations you dispute, the information that provides context and the witnesses or records that may support your account.
Preserve complete records
Complete message histories, dates and a clear chronology may be more useful than isolated screenshots. Keep originals and explain gaps honestly.
Do not contact the petitioner
Do not argue about the case or ask another person to carry a prohibited message. Ask an attorney how to address any requested change through the proper process.
Prepare for the hearing
Understand what the court must decide and organize the material that addresses those issues. If a criminal matter is also pending, statements in the civil case may require particular care.
Related cases
When parenting or divorce issues overlap
An injunction can affect communication, living arrangements and parenting logistics. Give the attorney copies of any divorce, paternity or parenting orders so potential conflicts can be identified.
Do not assume an informal parenting arrangement creates an exception to an injunction. If an order needs clarification, ask how that issue should be brought before the court.
Stalking and cyberstalking are a distinct proceeding.
A stalking injunction can involve repeated conduct or online communications. The appropriate legal standard depends on the petition and alleged conduct.
Explore stalking injunction representation
Your attorney
One attorney, start to finish.
Milagros “Millie” Laguna was admitted to The Florida Bar in 1998 and attended the University of Florida’s Fredric G. Levin College of Law.
You work directly with Millie: she is the person you speak with about your documents, your questions and the next step in your case.
Meetings in English or Spanish, by video or in person at Sunset Center in Kendall.
For eligible divorce matters, email and Zoom from documents through final judgment.
Common questions
About injunction cases
- Can an injunction be entered without a criminal conviction?
- A civil injunction case is separate from criminal prosecution. The absence of a criminal conviction does not, by itself, resolve the civil petition.
- Will the case be dismissed if I explain that the allegations are false?
- The court must evaluate the relevant legal standard and evidence. No dismissal can be promised. Prepare a clear factual response and follow the hearing requirements.
- Can I skip the hearing if I do not want contact with the other person anyway?
- Do not assume that is a safe choice. A final order can have consequences beyond your present wishes about contact. Obtain advice about attendance and participation.
- Can the firm help with a hearing that is soon?
- Call with the hearing date, county and case type so the firm can assess availability. Contacting the office does not confirm representation, continue the hearing or suspend an order.
Next step
Request a consultation about the hearing.
Have the petition, order and hearing notice available. If anyone is in immediate danger, call 911; the website contact form is not an emergency service. Contacting Laguna Legal does not create an attorney-client relationship.