In the eyes of the general public, domestic violence allegations are usually synonymous with guilt. They can destroy one’s reputation and credibility even if the case is still pending.
However, a dedicated criminal defense law firm will defend your rights. A Miami Beach domestic violence lawyer can help you fight against those accusations and uncover the truth.
Whether your domestic violence charges were false or exaggerated, you have rights. At Stroleny Law, we can help you challenge a domestic violence charge and prepare your defense. Contact our law office in Miami-Dade County for a free consultation and let an experienced criminal defense lawyer help you understand your legal rights and options.
Domestic Violence Charges in Miami Beach
Domestic violence cases are unfortunately common in South Florida, with several arrests occurring each year. Although domestic violence cases are often true, there are often cases where such accusations are used as an excuse to receive or deny child custody to a spouse or for other motives.
Defining Domestic Violence
It is important to understand that domestic violence cases do not refer to harassment but rather when a family or household member physically injures or plays a role in the death of another household or family member.
The alleged victim of a domestic violence case can only be a spouse, former spouse, individuals related by blood or marriage, those residing together as a family, or those who have a child together regardless of whether they live together. The following acts are all domestic violence cases:
- Sexual assault or sexual battery
- Aggravated assault, aggravated battery, or any type of assault that results in bodily harm
- Stalking, including online or aggravated stalking
- Kidnapping, false imprisonment or death
Types of Domestic Violence Charges and Consequences
Under domestic violence laws, a domestic violence crime can be a misdemeanor or felony offense depending on the circumstances of the case. A domestic violence case categorized as a misdemeanor usually involves minor altercations or threats.
In these circumstances, the family or household member responsible for the offense can face penalties such as fines, community service, and mandatory counseling.
Felony charges are reserved for serious incidents, such as sexual battery, aggravated assault, aggravated stalking, physical injury, child abuse, and other types of spousal abuse. They will have more severe consequences such as increased fines, lengthy prison sentences, and a permanent criminal record.
The alleged offender might also be subjected to probation and follow other strict conditions, such as having limited access to their children, leaving the shared residence, or prohibiting contact with the alleged victims.
Impact on Family Law Matters
Domestic violence is a criminal offense that can impact family law matters and result in further serious consequences. Domestic abuse can result in limited visitation rights or supervised visitation when it comes to children.
Miami domestic violence lawyers know that criminal charges can influence family law issues in divorce settlements, where the alleged offender will most likely pay child support, or lose part of their influence in asset division.
How a Miami Domestic Violence Lawyer Can Help
Legal representation is crucial in these types of criminal charges, especially if the charges are false. Employment problems, housing challenges, and social stigma are some of the various consequences that the alleged offender might have to deal with in the future if they do not take action.
A Miami Beach domestic violence lawyer can help you clear your name and dispute the domestic violence charge, which will also help you have a better chance of receiving child custody.
When you work with a Miami domestic violence lawyer from our firm, they will guide you and ensure that you do not make mistakes that might exacerbate your situation. Our lawyer will help you gather the necessary evidence for your defense to get your charges dropped or a reduction in your charges.
Protective Orders and Restraining Orders
Whether your domestic violence case is pending or not, you can be issued a restraining order. However, the orders are temporary and everything that you do can affect your case.
Whether you used physical violence or not, there will be a final hearing before the court to issue a final protective order. During this time, respect the temporary order and do not approach your spouse or the alleged victim. If you do so, you will lose credibility and worsen your case.
If you were falsely accused, it is best to cut ties with the victim’s family and friends and refrain from giving any information or testimonies. Seek a Miami Beach domestic violence lawyer to receive proper legal guidance on what to do next.
Generally, the next step is to gather evidence and prepare for your hearing in court. Domestic violence lawyers will thoroughly analyze your case and help you prepare.
Defense Strategies for the Accused
In many cases of domestic violence, the domestic violence offense must still be proven. If you want to get a favorable outcome, it is crucial to be honest and straightforward with your attorney so that they can prepare your defense properly.
Does the victim have physical injuries? If not, then this can be highlighted by your attorney. If the victim intentionally harmed themselves, you can work alongside your attorney to prove intentional harm.
Were you acting in self-defense? Then you must prove this with proper evidence. When there is a lack of evidence, then your best defense is to highlight their lack of evidence.
If you were defending others from the accuser during an altercation, then their testimonies can be crucial evidence for your defense. If the other person falsely accused you of domestic violence, then they might have a prior history of false allegations.
Your attorney can help you determine if the alleged victim lacks credibility. Another defense against domestic violence is to demonstrate that the alleged victim is vindictive towards you.
Importance of Choosing the Right Miami Domestic Violence Lawyer
No matter how many years you might share a home with a spouse or other household members, issues are bound to occur from time to time. However, when someone goes out of their way to exaggerate or lie about what occurred, it is your right to fight for justice and prove what really happened.
A domestic violence defense lawyer can help you so that you can dispute the domestic violence charge.
Although it might seem like the world is against you, there are several ways you can defend against a domestic violence accusation and there are further strategies that can be used depending on the circumstances of your case and the strength of your legal representation.
If you need help in Miami-Dade County against a domestic violence charge, let our domestic violence lawyers help you.
We are committed to providing you with personalized legal situations and giving you a fighting chance to seek justice.
The Legal Process in Domestic Violence Crimes
In a domestic violence case, the alleged victim will first report the incident to authorities. If the officers have probable cause, they will arrest you. It is crucial not to resist even if you are innocent.
You might be booked and charged and after the initial arrest, you will have an initial court appearance. This is an arraignment. It is crucial to consult a lawyer before any of this occurs. During the arraignment, you will be presented with your charges and this is where you can enter a plea.
At any point during your domestic violence case, you might be issued protective orders which you must abide by. If your case proceeds forward, you might be subjected to pre-trial motions and hearings which you must attend on time.
This is where the parties involved in the domestic violence case share evidence and further information. Your lawyer will guide you on the best course of action but if your case will not reach the plea negotiations phase, then you will need to go to trial. During the trial, the final evidence and arguments will be presented before the court and a sentencing will occur.
FAQ
Should I Try to Contact My Child During a Domestic Violence Case?
You should consult a criminal defense attorney on whether or not you can contact your child. Several aspects of your case can dictate whether this is a good idea.
Who Can I Confide in During the Domestic Violence Case?
During a domestic violence case anything you say or do can be used against you, especially if you are dealing with a false accusation. Speak only with your attorney and the people you trust the most who can testify on your behalf.
Our Location
If you need a criminal defense attorney in Miami Beach, Stroleny Law is located at 66 W Flager St. Suite 1005, Miami, FL, 33130. We are available for your calls 24/7 at (786) 882-2708.
