Domestic Violence Attorney in Miami

Written by:Julian Stroleny PortraitJulian Stroleny

Domestic violence carries a certain stigma in the public eye, especially for those who experience it or have been falsely accused of it. Fortunately, most individuals do not engage in this behavior.

Domestic violence, according to Florida domestic violence statutes, means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Domestic violence is not the same as harassment. Domestic violence and abuse involve family members or intimate partners, while harassment involves similar actions between neighbors, co-workers, or business partners. If you are being accused of domestic violence, a domestic violence conviction can negatively impact your future and your freedom. Don’t delay getting the help of a criminal defense law firm to support you throughout your domestic violence case.

How Domestic Violence Lawyers Help Those Accused

Being accused of committing domestic violence against your spouse, significant other, or ex is a serious allegation. Domestic violence crimes carry heavy punishments and fines and can drastically affect your life. You could lose child custody, access to your home or business, or be prohibited from seeing certain members of your family. 

An adept domestic violence offense attorney can build a case to combat a domestic violence arrest and help you clear your name. If you’ve been accused of domestic violence and would like to strongly defend against the accusations, don’t delay in preparing your defense with the help of an experienced Miami domestic violence lawyer.

A Miami, FL domestic violence allegations professional at Stroleny Law: Criminal Defense Attorney can do the following to help with your misdemeanor, felony, stalking, and other alleged criminal charges. Here is how an experienced criminal defense lawyer can help with your domestic violence defense.

Educate You on Your Rights

Law enforcement strives to protect us, but they can be mistaken during the heat of an emotional confrontation. If you are arrested, anything you do or say can be used against you in court to get a domestic violence conviction. You may think you are helping yourself by answering the police officer’s questions, but it’s your right to have a lawyer present. A domestic violence charge attorney can protect you during police interrogations.

Seek a Reduction in Your Charges

Domestic violence charges could ruin your life, so skillful attorneys do whatever they legally can to have your domestic violence charge revoked or reduced as soon as possible. Many criminal defense attorneys have had cases dismissed based on a lack of evidence for a domestic violence offense against an alleged victim or a violation of rights. Many domestic dispute defendants are first-time offenders who don’t have a record or may have never been arrested before. 

These cases can appear lengthy and tedious, and many defendants report growing weary and stressed throughout the process. One of the most important things you can do when facing a domestic violence arrest is contact a Miami domestic violence lawyer, like Stroleny Law: Criminal Defense Attorney, to help get your domestic violence charges dropped as soon as possible.

Photo of Domestic Violence

Defenses Against Domestic Violence Charges

The state of Florida will work aggressively to convict you, but your Miami domestic violence lawyer has many effective potential defense strategies: 

  • Lack of injuries: If the alleged victim lacks any physical injuries, your attorney will point it out. 
  • Mutual combat: This defense means the parties agreed to engage in a physical encounter. 
  • Self-defense: You were defending yourself against your accuser. However, you must prove that you faced an immediate and real threat of harm. For instance, you cannot claim self-defense if your spouse threatened you in a text message.  
  • Lack of evidence: There may be insufficient evidence to prove beyond a reasonable doubt that you engaged in domestic violence crimes. 
  • Defending others: If the alleged victim attacked someone else, you could claim you acted in that party’s defense. You must show that you took reasonable actions to defend another person. If you stopped the threat but continued to beat the person, acting in defense of others may not apply. 
  • Lack of credibility: If the accused has a history of false domestic violence allegations, that is a valid defense. 
  • Vindictive accuser: If the alleged victim can be shown to be vindictive toward you, reasonable doubt could be created by a skilled Miami domestic violence lawyer. 

Furthermore, your domestic violence lawyer could make various motions to suppress evidence that significantly weakens the state’s case. Making a motion to suppress key evidence might not make the charge disappear. However, a motion could damage the state’s case enough to compel them to make a plea bargain. 

Prepare Your Defense

If you’ve been unsuccessful in having your charges dropped and the case is going to move forward, your attorney can explain your options, negotiate a plea agreement, or defend you at trial. 

It’s also extremely important that your representation speaks clearly and candidly about your case. A domestic violence attorney at Stroleny Law: Criminal Defense Attorney can tell you about the potential consequences of a conviction and advise you about which route presents the best possible outcome of your domestic violence charges. 

Restraining Order Defense

Restraining orders can force you out of your home and make moving on from your domestic abuse situation very difficult, especially if you live or work within 50 or 100 yards of the protected individual. 

In domestic violence cases, restraining orders will also impact how often and in what circumstances you can see your children. If the alleged victim is seeking a restraining order, speak with a Miami criminal defense attorney right away.

Cyber Crime Defense

According to 2021 Florida statutes, an alleged victim may have you arrested for aggravated stalking based on things you’ve said online. Working with Miami domestic violence attorneys experienced in this area, like Stroleny Law: Criminal Defense Attorney, can help you provide evidence of doubt for the charges brought against you. 

Criminal Orders of Protection

It’s pivotal to go over your orders of protection carefully with your defense counsel. Following them to the letter can help you avoid a criminal record. 

Technical violations of criminal orders of protection, where a client contacts the victim in some manner that violates the terms of an order of protection, often occur in domestic violence cases. However, a defense attorney will work to keep you out of jail in such a situation.

Violation of a protective order is a serious allegation. No matter how tempting it may be to contact the victim while your case is pending, the order of protection is temporary, and your defense attorney can help you practice patience. 

Represent You in Court

Choosing the right attorney when you go to court can make a big difference in your legal issues. Miami domestic violence lawyers can represent you in court, taking a huge load off of the accused’s shoulders. 

Domestic violence attorneys can challenge restraining orders against you that prevent you from seeing your children and family members or getting child custody. Domestic violence is an emotionally charged issue that can destroy your entire life. Contacting a domestic violence lawyer can help the accused take the first steps toward clearing their name legally from a domestic violence crime. 

Florida Domestic Violence Statistics

IIn 2020, 106,515 crimes of domestic violence were reported to Florida law enforcement agencies resulting in 63,217 arrests, which means that only a little more than half of all domestic abuse reports result in arrest. According to the chart below, spouses comprise just over 20% of the alleged victims of domestic violence crimes.

If you’ve been arrested for the first time for domestic abuse, contact Stroleny Law, P.A right away for legal advice. 

Photo of Shadow of a Violent Man

What to Do When You’re Falsely Accused of Domestic Violence

Suppose you’ve been falsely accused of physical violence, physical abuse, emotional abuse, sexual assault, personal injury, child support infractions, breaking domestic violence law, or breaking any other criminal law. In that case, the steps you take afterward will be very important to prove your innocence in negotiations or court and potentially get your domestic violence charges dropped.

Miami domestic violence attorneys may recommend the following if you’ve been falsely accused of inflicting bodily harm on a spouse, lover, or family member in South Florida:

  • Hide all of your personal belongings because, in the event of a fight, accusers can and do manipulate evidence using resources within their reach. This can sometimes mean having a family or household member hiding your bank account information, car title(s), electronics, jewelry, or other items of value that can be easily liquidated.
  • Change all of your login passwords to all your social media, credit cards, electronic devices, email, applications, and any online shopping outlets, as your accuser can sometimes misuse them. 
  • Record and take notes of your interactions with the accuser and be sure to retain all written interactions, including texts, email, messages, etc. Make sure your lawyer is present when answering any formal questions related to the case with law enforcement.

Common Reasons People Falsely Accuse Others of Domestic Violence

There are several reasons why someone may be falsely accused of domestic violence. False accusations may surface as attention-seeking behavior from the alleged victim. Or they may have enough malice and disdain for the accused that they’re willing to fabricate details of an altercation or spousal abuse for them to be arrested.

Sometimes first responders and law officials have ulterior motives when dealing with the accused. Police officers make mistakes as well. One of the most common mistakes they make is using leading questions and aiding in creating a fictitious event in the victim’s already stressed mind.

If you feel like the evidence in your case has been doctored, you’ve been falsely accused because of the malicious intent of an ex, or the police officers who investigated your case didn’t equally respect your rights, then speak with a Miami domestic violence lawyer to get legal representation right away.

Hire an Experienced Domestic Violence Attorney

Many factors determine the cost of retaining a domestic violence attorney, and some attorneys charge exorbitant fees. Generally, the fees you pay will be based on the attorney’s experience, reputation, and track record of success. 

Domestic violence cases can have serious consequences and a lifelong effect on your reputation and income. Hiring an experienced Florida criminal defense attorney can help you get your case resolved as quickly as possible.

Suppose you are facing the power of the State, especially for allegedly causing bodily harm to another. In that case, you need a knowledgeable criminal defense lawyer to advise you, advocate on your behalf, protect your rights, and fight for the best outcome.

Stroleny Law Domestic Violence Attorney In Miami

Stroleny Law, P.A is dedicated to freeing you from the threat of domestic violence charges. Our Miami domestic violence attorney will work towards getting your charges expunged, whether you’re facing a misdemeanor or felony. 

Don’t allow criminal charges to prevent you from living the life you want to lead. Our attorney uses his experience as a prosecutor, combined with his dedication to your case, to seek a favorable outcome in your domestic violence case. Stroleny Law: Criminal Defense Attorney is prepared to help his clients find a new lease on life, shake the disturbing relationships that have led to their legal problems, and seek favorable outcomes.

FAQs

What is the definition of domestic violence in Miami-Dade County, Florida?

In Miami-Dade County, it is considered a crime of domestic violence when a person engages in criminal conduct against a member of the family or household that results in physical injury or death. These crimes include aggravated assault, battery, sexual battery, false imprisonment, kidnapping, and stalking, to name a few.

Who is considered a family or household member in the definition of domestic violence?

Family or household members are spouses, former spouses, a relative by blood or marriage, any person who currently lives or formerly lived together as a family, or the biological parents of a child.

Photo of Domestic Violence Victim

What are acts of domestic violence?

Any physical violence, threatened violence, or abuse is considered an act of domestic violence, including the following actions:

  • Hitting or slapping
  • Punching
  • Pushing or shoving
  • Kicking
  • Biting
  • Beating
  • Hair pulling
  • Making threatening statements or actions
  • Intimidating behavior
  • Pursuing unwanted sexual activity
  • Stalking

In many cases, domestic violence outreach units are ready to pursue the accused aggressively. Often, they do so without evidence, going on the alleged victim’s request to keep you away. If you are facing domestic violence charges, it is imperative that you seek immediate representation from an experienced lawyer from our team.

Can the alleged victim have these charges dropped?

On TV and in the movies, victims of these crimes often tell the police to drop the charges. However, this is not how it works in reality. Once someone issues a domestic violence charge, the victim can’t have it dropped. It is considered a crime and since crimes are governed by the state, only the prosecutor has the authority to drop these charges.

Even if the victim doesn’t wish to proceed with the case, the prosecutor may continue to pursue it. By working with an experienced attorney, you’ll have a better chance of convincing the prosecution to drop the charges.