Domestic violence causes significant harm that often lingers throughout survivors’ lives. Wrongful accusations can also ruin lives. While most people may not suffer from these situations, domestic violence is still all too common. You should understand your rights and options whether you’re a victim or wrongfully accused.
According to Florida’s domestic violence statutes, domestic violence encompasses many actions, including:
- Assault and aggravated assault
- Battery and aggravated battery
- Sexual assault and sexual battery
- Stalking and aggravated stalking
- Kidnapping and false imprisonment
- Any act leading to physical injury or death between family or household members
Make this distinction: Domestic violence is not the same as harassment. Domestic violence involves family members or intimate partners, but harassment usually happens between neighbors, coworkers, or business associates.
Domestic violence accusations in Miami can have terrible consequences, affecting your freedom and hurting your future.
Now is the time to get help. Our skilled criminal defense attorney at Stroleny Law can provide the expertise and guidance necessary for your domestic violence case. Don’t wait. Call our Miami domestic violence lawyers today to protect your rights and future.
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Choose Stroleny Law
At Stroleny Law, P.A., we are committed to helping you manage the complexities of domestic violence charges in Miami. If you face misdemeanor or felony charges, our experienced domestic violence attorneys are here to help you delete the accusations from your record and reclaim your life.
Don’t let criminal charges hold you back from living your life. Our lawyer, Julian Stroleny, armed with a background as a prosecutor and a passion for defending your rights, is dedicated to achieving a positive outcome in your domestic violence case.
At Stroleny Law, we believe in a second chance.
We can help you:
- Break free from the damaging relationships that have led to legal troubles.
- Secure the best possible outcome in your case.
- Find a renewed sense of purpose and freedom.
Don’t wait another moment. Take the first step towards a brighter future. Contact us now to schedule a consultation. Together, we can protect your future and peace of mind.
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“Julian Stroleny is an excellent criminal defense attorney. I have known and worked with Julian for years and found him professional, honest, and responsive. I highly recommend Julian and his criminal defense law firm in Miami.”
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“Julian is the best! Thank you for all your advice and counsel!”
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What Goes Into Your Miami Domestic Violence Case
Facing domestic violence charges is scary, and the consequences can be life-altering. If you face accusations, act fast. We know domestic violence cases and do everything legally possible to have your charges reduced or dismissed.
What to Expect with a Miami Domestic Violence Lawyer on Your Case
If you find yourself facing domestic violence charges and haven’t been able to get them dropped, don’t worry. You still have options. Stroleny Law is here to guide you through the process. We can help negotiate plea agreements or provide a strong defense during your trial.
Clear communication is important when dealing with legal matters. At Stroleny Law, your attorney will discuss your case openly and honestly. We understand how profoundly a conviction can damage your life.
That’s why we’ll assess the potential consequences and work with you to find the path that maximizes your chances for a good outcome.
- Professional Defense: Many of our clients have seen their cases dismissed due to insufficient evidence against them or rights violations. We know the intricacies of domestic violence law and can leverage that knowledge to your advantage.
- Understanding Your Situation: We recognize that many defendants are first-time offenders with no prior records. You deserve a chance to reclaim your life without false accusations.
- Personalized Support: The legal process can be long and exhausting. Many defendants experience a lot of stress and fatigue during this time. We’re here for you, providing guidance and support every step of the way.
Defenses Against Domestic Violence Charges in Florida
If you’re facing domestic violence charges in Florida, it’s crucial to know the effective legal defenses available to you. Your Miami domestic violence attorney can help you build a strong defense tailored to your situation.
Here are some of the strategies your lawyer may employ:
- Proving Lack of Injuries: One of the most compelling defenses is the absence of physical injuries on the alleged victim. If the alleged victim exhibits no signs of harm, your attorney will highlight this in your defense.
- Mutual Combat: This defense proves that both parties consented to engage in a physical encounter. It could strengthen your case if you demonstrate this was a mutual agreement.
- Self-Defense: This could be a valid defense if you acted to protect yourself from an immediate threat. However, you must prove that the threat was real and imminent. For example, a text message threat is not enough for self-defense claims.
- Overall Lack of Evidence: Sometimes, the prosecution may not have enough evidence to meet the burden of proof beyond a reasonable doubt. A skilled attorney will analyze this and emphasize any weaknesses in the evidence against you.
- Defending Others: If your actions were in defense of another person, this can be a powerful defense. However, you must show that your actions were reasonable and necessary to prevent harm.
- Lack of Credibility: If the accuser has a documented history of making false allegations, that can be a major part of your defense strategy.
- Vindictive Accuser: Proving that the alleged victim has a vindictive motive raises reasonable doubt. A knowledgeable Miami domestic violence lawyer can investigate and present this angle well.
- Legal Motions and Evidence Suppression: Your attorney can also file motions to suppress evidence that may undermine the prosecution’s case. While this might not eliminate the charges, it can weaken the state’s arguments enough to get a plea bargain.
Defense Against a Restraining Order
Restraining orders can severely affect your life, forcing you out of your home and complicating your ability to heal and move forward, particularly if you live or work close to the protected person. When domestic abuse is a factor, these orders can shape how often and under what conditions you interact with your children.
If you’re confronting a restraining order, immediately contact Stroleny Law for an experienced Miami criminal defense attorney to understand your rights and options.
Cyber Crime Defense
In today’s digital age, what you say online can have serious consequences. Under Florida’s 2021 statutes, you could face charges for aggravated stalking based on your online activity alone.
That’s why you must partner with a knowledgeable Miami domestic violence attorney at Stroleny Law. Your lawyer can present evidence that creates reasonable doubt about the accusations against you.
Criminal Orders of Protection
You need to understand orders of protection against you. Adhering strictly to these orders can significantly reduce your criminal record risk.
In many domestic violence cases, people inadvertently violate orders by contacting the alleged victim, which can lead to serious consequences. However, a skilled lawyer will work to keep you out of jail, even in these challenging situations.
A protective order violation is a serious matter. Although reaching out to the victim during your case may be tempting, remember that the order is temporary. Exercise patience and allow your defense attorney to help you through this process.
Miami, Florida Domestic Violence Law
Domestic Violence is a crime, and no one has the right to harm or threaten someone with violence. However, making false accusations is also a crime. Understanding your legal rights and options is the first step in breaking free from abuse accusations.
Under Florida Statute 837.05, making a false report is a crime. If someone knowingly provides false information about a crime, they commit a first-degree misdemeanor, which can lead to one year in jail. If the false allegation involves a capital crime, the charge could become a third-degree felony.
While domestic violence laws should protect victims and maintain societal order, they can be misused, especially when relationships deteriorate or become toxic.
If the accuser intentionally lied to law enforcement and prosecutors, this becomes a separate criminal issue. As someone wrongfully accused, your primary concern is to clear your name and restore your reputation.
The Reality of Domestic Violence False Accusations
Research reveals a serious concern: Many people who experience domestic violence perpetrated by women face false accusations.
A study revealed that 56% of these victims reported that their partners made false claims of physical or sexual abuse to authorities. In contrast, less than 1% of the general population has reported similar experiences. This trend shows that abusers can use false allegations to exert control and dominance over their partners.
False Accusations Can Thrive in Florida’s Criminal Justice System
Under Florida law (F.S. 741.29), law enforcement is directed to arrest the primary aggressor in domestic violence situations. This means that when both parties may share blame, only one will face arrest, leaving room for manipulation.
Domestic violence often happens in deeply intertwined lives filled with troubled histories and personal conflicts. Arguments can escalate quickly, leading to hurtful accusations and heated emotions.
Existing legal disputes, such as custody battles or divorces, can fuel vindictive accusations, proving that those we love can sometimes hurt us the most.
Many domestic violence cases have conflicting accounts from both parties. When things happen in private, there are typically only two witnesses. This makes it challenging for the court to determine the truth because the credibility of each person becomes the primary issue.
In Florida, prosecutors have the authority to file charges regardless of the accuser’s cooperation. Even if a victim expresses remorse and tries to retract exaggerated claims, the prosecutor can proceed without their consent. This often causes skepticism about the accuser’s changed narrative, even if they try to clarify the facts.
Common False Domestic Violence Accusations
There are several motivations behind false domestic violence allegations.
Here are some of the most common reasons:
- Custody Battles: In divorce and custody disputes, it’s not unusual for one partner to make false allegations to gain an advantage in custody arrangements. These accusations can heavily influence court decisions and jeopardize the accused’s relationship with their children.
- Revenge: The end of a relationship can lead to anger and betrayal. To exact revenge, a partner may make baseless abuse claims to punish the other person.
- Mental Health Issues: People suffering from certain disorders, like paranoia or severe anxiety, may genuinely believe they are abuse victims, which complicates the situation.
- Third-Party Influences: Sometimes, friends or family may inadvertently encourage false accusations because of their negative perceptions of the accused. This external pressure can lead to conflicts and unjust allegations.
Law enforcement can make mistakes during investigations. Police may unknowingly ask leading questions that distort the victim’s perception, leading to misunderstandings and incorrect assumptions.
If your case seems wrong and your rights weren’t respected during the investigation, get legal help. A knowledgeable Miami domestic violence lawyer can give you the legal representation you need to combat accusations and protect your rights.
Hire an Experienced Domestic Violence Attorney in Miami
If you face domestic violence allegations, you can face lifelong consequences. When protecting your rights and reputation, you need legal representation.
Why Choose an Experienced Attorney
Abuse allegations have serious legal consequences. The process is also complicated and risky. With an experienced Florida criminal defense attorney, you can handle the legal system better and are far more likely to reach a positive resolution. A legal team is dedicated to protecting your rights, advocating for you, and fighting for the best possible outcome.
If you face abuse allegations, you deserve informed, experienced legal counsel. Stroleny Law will guide you through the process, make sure the court hears your side of the story, and protect your rights.
FAQ
What is Domestic Violence in Miami?
In Miami, domestic violence is criminal acts perpetrated against a family or household member that result in physical injury or even death.
These serious crimes can include:
- Aggravated Assault
- Battery
- Sexual Battery
- False Imprisonment
- Kidnapping
- Stalking
These criminal acts are any physical violence, threats, or abusive behavior.
Specific actions include, but are not limited to:
- Hitting or slapping
- Punching
- Pushing or shoving
- Kicking
- Biting
- Beating
- Hair pulling
- Making threatening statements or gestures
- Intimidating behavior
- Pursuing unwanted sexual advances
- Stalking
Who is a Family or Household Member?
A family or household member refers to:
- Spouses and former spouses
- Relatives by blood or marriage
- Anyone currently or formerly living together as a family
- Biological parents sharing a child
Can You Have Domestic Violence Charges Dropped?
Once police file domestic violence charges, the victim does not have the power to dismiss them. These charges are crimes against the state. Only the prosecutor can drop them.
Stroleny Law: Your Trusted Domestic Violence Lawyer in Miami
At Stroleny Law, P.A., we are committed to helping you through the challenges of domestic violence charges. Our experienced Miami criminal defense attorney is here to fight for your rights and work diligently toward having your charges expunged, whether they are misdemeanor or felony offenses.
At Stroleny Law, we understand that circumstances can lead to difficult legal battles. We help our clients break free from toxic relationships and legal troubles and guide them toward a brighter future.
Don’t let criminal charges hold you back from the life you deserve. With a background as a former prosecutor, our attorney combines expertise with a heartfelt commitment to your case, aiming for the best possible outcome after domestic violence accusations.
