What is Domestic Violence? Miami Domestic Violence Attorney Explains

Written by:Julian Stroleny PortraitJulian Stroleny

Domestic violence is a serious charge, and if you have been accused of domestic violence or find yourself as the defendant of a domestic violence arrest, you need to know more about your rights, including how the law defines domestic violence.

If you’ve been arrested on charges of domestic violence, it’s recommended that you hire a Miami domestic violence attorney as soon as possible who can advise you on your next step. A criminal attorney can help you to assess your case and put together a solid defense; they will also appear on your behalf and speak for you in court.

Here’s more information about how the law defines domestic violence and how a criminal defense attorney can help you.

Defining Domestic Violence

According to Florida Statute 741.28, domestic violence is a legal term that can be combined with a variety of charges, including sexual assault, kidnapping, stalking, assault, or battery. In legal terms, domestic violence refers specifically to violence or criminal acts committed against a partner, spouse or household member.

While the terms battery and assault are commonly used interchangeably, in court they represent two different crimes. Battery requires an actual harmful physical touching, while assault only requires an apprehension of imminent harmful physical contact.

Domestic Violence in Divorce

Domestic violence is often brought up in divorce proceedings, and it can be a big theme when divorce hearings going to court. Sometimes, additional criminal cases can arise from a domestic violence allegation, such as a charge for stalking or what’s called victim tampering.

If this is the case, our experienced Miami domestic violence lawyer has dealt with many similar situations before and can be a great asset to you.

Simple Charges—or Not

Domestic violence is sometimes a simple and straightforward case, only rising to the level of a misdemeanor. But don’t take the charge lightly, you’ll still need an experienced lawyer to handle your case, even though the charges might seem simple at a glance.

Charges of domestic violence can easily become something much more complicated—because domestic violence is considered a serious offense. Offenders accused of serious felony domestic violence charges are often jailed while awaiting trial and given high monetary bond amounts.

A defendant’s situation can also be made more complicated by other crimes and charges that can be added on, like victim tampering or restraining order violations.

You’ll need help to understand the different aspects of the case, and it’s easy to lose perspective when you are involved in the situation yourself. Our Miami criminal attorney can assess your individual case and represent you in court with the experience you need.

No Contact Allowed

When a domestic violence suit or charges are filed, it means contact between the two parties is usually prohibited. Don’t get in further trouble by violating the stay away order. Stay away order violations upset the judge and do not look good for your defense.

If this happens, you will want an excellent criminal lawyer in Miami who can act as an effective mediator and work to get you back in the good graces of the judge.

Call our office day or night to speak with a Miami criminal defense attorney. We offer free consultations and can help you fix your legal issue. If you would prefer to meet in person, call our office to schedule a face to face criminal consultation.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Domestic Violence Attorney.

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