If you have been accused of domestic violence in Miami and you share children with the other parent, your first thought is often, “Am I about to lose my kids?” An arrest, a night in jail, or even just being served with a restraining order can make it feel like everything about your family is suddenly out of your control. You might be scared to call or text your children and unsure what you are allowed to do.
At the same time, you may be facing a divorce, a paternity case, or a modification of an existing parenting plan. Judges can make fast, temporary decisions about where your children live and how much time you can spend with them. Those decisions can come before you have had a real chance to tell your side of the story, and they can affect your relationship with your children for a long time.
We see these situations every day in Miami-Dade courtrooms. At the Law Office of Michael Mirer, P.A., we defend people across Miami and South Florida who are charged with domestic violence and are worried about custody and visitation. Attorney Michael Mirer is a former Miami-Dade Prosecutor with more than two decades of trial experience, and our team understands how domestic violence allegations, criminal cases, and child custody disputes interact in this county’s courts.
Why Domestic Violence Matters So Much in Miami Child Custody Cases
Florida custody law is built around one idea, which is the “best interests of the child.” Judges in Miami-Dade are required to put a child’s safety and well-being ahead of everything else when they decide where a child will live and how much time each parent will have. Evidence of domestic violence goes straight to the question of safety, so judges pay close attention whenever violence is alleged.
When people hear “domestic violence,” they often think about criminal charges only. In reality, a family court judge can consider a wide range of information. This can include arrests, prior police calls, witness statements, text messages, photos, and even the way a parent behaves in court. A judge does not need a criminal conviction to decide that there has been domestic violence, and that decision can affect custody and timesharing.
Many parents assume that if it was “just one argument,” or if they believe the other parent is exaggerating, the court will ignore it. Others think that if the prosecutor later drops charges, the family court will act as if nothing happened. In our experience, this is not how these cases usually work. Judges tend to err on the side of caution when they believe there is a risk of harm to a child, and one well-documented incident can be enough to change a parenting plan, at least in the short term.
How Florida’s Custody Standards Apply When Domestic Violence Is Alleged
In Florida, custody is broken into two main pieces. “Parental responsibility” refers to who makes major decisions about the child, such as education, medical care, and religion. “Timesharing” refers to the schedule of where the child lives and when each parent spends time with the child. Domestic violence allegations can affect both, and judges in Miami take those factors seriously.
When domestic violence is proven, Florida law allows a judge to limit or even remove shared parental responsibility. In some situations, there can be a presumption that it is not in a child’s best interests to give a parent who has committed certain forms of domestic violence equal decision-making power. That does not always mean “no contact,” but it can mean that one parent gets final say over many important choices for the child.
Judges typically look at specific types of evidence when they weigh domestic violence in custody, such as:
- Police involvement, including arrest reports and prior calls to the home.
- Protective orders, such as temporary or final injunctions for protection against domestic violence.
- Medical or injury documentation, including photos and hospital or doctor records.
- Witness accounts, from neighbors, family members, or others who saw or heard the incident.
- Whether the children were present or directly exposed to the violence or threats.
Our day-to-day work in Miami-Dade courts gives us a clear sense of how local judges apply these standards. We see how they balance safety with the general preference for both parents to be involved in a child’s life. That local knowledge helps us prepare clients for the kinds of questions judges ask and the types of evidence that can help or hurt when domestic violence is raised in a custody dispute.
The Impact of Arrests, Convictions, and Injunctions on Your Parenting Time
Not every domestic violence case looks the same on paper, and different legal events can carry different weight in a custody case. An arrest is one thing, a pending criminal charge is another, and a conviction can be even more serious. Separate from the criminal case, Florida courts can also issue civil domestic violence injunctions, which are often called restraining orders. Each of these can affect your parenting time in a different way.
A Miami-Dade family judge can view a recent arrest as a warning sign, especially if there are photos, 911 calls, or other supporting evidence. Even while the criminal case is pending, the family court may enter a temporary order changing timesharing, limiting overnights, or requiring supervised visitation, all before guilt or innocence is decided. If there is a conviction, especially for more serious domestic violence or where children were involved, judges may see that as stronger proof that restrictions are needed.
Injunctions and no-contact orders create their own problems for custody. You might be ordered not to contact the other parent, not to come within a certain distance of the home, or to stay away from the child except under specific conditions. This can make simple tasks, such as picking a child up from school or attending sports games, very complicated if orders are not carefully understood and followed. Violating an injunction, even by accident, can lead to new criminal charges and make a judge much more likely to keep tight controls on your time with your children.
These decisions can look very different depending on the facts. For example, a first-time misdemeanor domestic battery charge with no injuries and no prior history might lead to a short period of supervised visits and then a gradual return to normal timesharing if everything goes smoothly. A felony case involving serious injury, weapons, or repeated violations of an injunction can lead to much longer restrictions or long-term supervision. Because our firm spends so much time in Miami criminal courts, we understand how these different legal outcomes are viewed in family court and can advise clients on how their criminal case strategy may ripple out to custody decisions.
What Miami Judges Look For To Protect Children and Assess Future Risk
When domestic violence is part of a custody case, judges do not only look at what happened. They also look at what is likely to happen in the future. Their job is to protect children from future harm, not just to react to the past. In Miami-Dade, judges commonly focus on specific risk factors and on signs that those risks are being addressed.
Some of the risk factors that often carry the most weight include:
- Repeated incidents of domestic violence, especially over a short period of time.
- Escalation in severity, such as going from verbal arguments to physical assaults.
- Violence in front of children or involving children directly, even if the child was not physically injured.
- Use of weapons or threats involving weapons.
- Substance abuse that appears to be linked to the violent behavior.
- Violations of injunctions or no-contact orders, including indirect contact through the child.
Judges also look closely at how a parent responds once there is a problem. A parent who continues to call, text, or show up at the other parent’s home in violation of an order will often be seen as a bigger risk, even if the original incident was relatively minor. By contrast, a parent who follows every order, avoids conflict, and takes part in counseling or treatment may be viewed as someone who is trying to change and can safely remain in a child’s life.
Our firm places a strong emphasis on rehabilitation and long-term solutions. In many domestic violence cases, we pursue outcomes that include counseling, classes, or treatment where appropriate. These options can sometimes reduce criminal penalties and also create a record of positive steps that family judges can consider when they decide whether a parent is safe to share decision-making and timesharing. We walk clients through what judges look for so they can make choices that support both their case and their children’s well-being.
Common Mistakes That Make Domestic Violence Custody Problems Worse
In the chaos after an arrest or accusation, parents often make quick decisions that feel right in the moment but quietly damage their custody position. Understanding these mistakes in advance can prevent a bad situation from getting worse. We see the same patterns again and again in Miami domestic violence and custody cases.
One of the biggest mistakes is talking too freely about what happened. Parents sometimes think that if they explain everything at a mediation, a temporary custody hearing, or in texts with the other parent, the problem will go away. What they do not realize is that anything they say about the incident in family court or in writing can be used against them in the criminal case. A statement meant to calm things down in a custody setting can later be treated as an admission by a prosecutor.
Another damaging mistake is violating no-contact orders or injunctions. Many people feel they have no choice but to call the other parent to ask about the children or to show up to see if the child is okay. Judges and prosecutors rarely see it that way. Violating an order, even once, can result in new charges, a higher bond, and a judge who now views the parent as someone who will not follow directions. That perception can be devastating when the same judge decides if it is safe for the parent to have unsupervised time with a child.
A third common pitfall is taking a quick plea “to get it over with” without understanding how that plea will follow them into family court. A plea to a domestic violence offense, even if the sentence seems light, can stay on a parent’s record and be used by the other parent to argue for long-term limits on timesharing or decision-making. Once a plea is entered, it is very hard to undo the custody impact. Because we defend domestic violence cases with an eye on both criminal and family consequences, we work to avoid short-term decisions that carry hidden long-term costs for our clients’ parental rights.
Steps You Can Take Now To Protect Your Relationship With Your Children
Even if you feel overwhelmed, there are steps you can take right away that can help protect both your defense and your time with your children. These steps cannot erase what has already happened, but they can put you in a better position when judges in Miami look at your case. Taking thoughtful action early can make a real difference down the line.
First, gather and preserve any information that might matter. Save text messages, emails, social media posts, and call logs related to the incident and to your relationship with the other parent and the children. Do not delete or edit messages that could be seen as harmful, because deleting them can look worse later. Instead, keep everything and share it with your attorney so they can decide what is useful and what is not.
Second, follow every order exactly. If the court has issued a no-contact order, do not call, text, or message the other parent, even if they contact you first. If a temporary parenting plan or injunction sets rules for how and when you can see your child, follow those rules to the letter. Judges in Miami-Dade notice which parents respect their orders. Clean compliance can become one of your strongest points in both criminal and family cases.
Third, consider proactive steps like counseling or classes, but do so under the guidance of your lawyer. Anger management, parenting classes, or substance abuse treatment can show the court that you are taking the situation seriously without being an admission of guilt when handled correctly. We often help clients choose and document appropriate programs so that these efforts can be presented in a way that supports their position in both court systems.
Because our firm focuses heavily on communication, we make sure clients know what to do between court dates and what to avoid. That guidance can reduce the risk of accidental violations or missteps that make the legal and custody situation harder to repair.
Why Coordinated Criminal Defense Matters in Miami Custody Disputes
In Miami, domestic violence cases rarely exist in a vacuum. The criminal case and the custody case influence each other, even though they are in different courtrooms. When a parent has one lawyer focused only on the criminal side and another focused only on family court, there is a real risk that advice in one case will hurt the other. A coordinated strategy is essential.
Statements made in a custody hearing, mediation, or parenting class can be discovered and used in the criminal case. At the same time, the way a criminal case is resolved, including which charges a parent pleads to or what sentence they receive, can shape how a family judge views that parent’s risk level. Plea negotiations, diversion opportunities, and counseling requirements all need to be handled with both courts in mind.
For example, a plea to a lesser offense that is not classified as domestic violence may be viewed very differently in family court than a conviction for a violent domestic offense. Completing a diversion program or counseling track can sometimes be presented as evidence of growth and stability, instead of simply as punishment. These are the kinds of details that can change how a parenting plan is written in Miami-Dade.
Attorney Michael Mirer’s background as a former Miami-Dade Prosecutor and his decades of trial work give our firm a strong sense of how prosecutors build and evaluate domestic violence cases. We use that insight to look several steps ahead, shaping criminal defense strategies that protect not only our clients’ freedom but also their long-term ability to play a meaningful role in their children’s lives.
Protecting Your Parental Rights After a Domestic Violence Charge in Miami
Domestic violence allegations change the custody conversation in Miami the moment they are raised. Judges will often move quickly to protect children, and the choices you make in the days and weeks after an arrest or injunction can affect how much time you spend with your children for years. The good news is that thoughtful strategy, careful compliance, and the right kind of help can greatly influence how these cases turn out.
If you are facing domestic violence charges or an injunction in Miami or South Florida and you are worried about your children, you do not have to navigate this alone. Our team at the Law Office of Michael Mirer, P.A. focuses on criminal defense with a clear understanding of how these cases affect custody and visitation, and we can help you plan your next steps with both courts in mind. To discuss your situation in a confidential consultation, contact us today or call us at (800) 798-0243.