Miami Domestic Violence Lawyer
Comprehensive Defense Against Domestic Battery & Abuse in Miami-Dade
Domestic violence is a serious violent crime that carries harsh penalties. It involves violence or abuse between family members, spouses, ex-spouses, children, or people who live together. Because of the media and political attention that domestic violence cases tend to receive, law enforcement and district attorneys aggressively investigate and prosecute these cases.
Throughout Florida, law enforcement is continually cracking down on cases involving domestic violence and child abuse, often with the viewpoint of arrest first, ask questions later. Authorities have the explicit authority to make an arrest for this type of criminal offense without an arrest warrant if probable cause is established.
Get started on your free consultation with a Miami domestic violence lawyer - contact us at (800) 798-0243 today!
How is Domestic Violence Defined in Florida?
In Florida, domestic violence has a wide-reaching definition that applies to any kind of violence – physical, sexual, emotional, or psychological – involving a family or household member. "Family or household member" includes a diverse range of relationships, such as spouses, blood relatives, and individuals currently or formerly residing together. This definition extends beyond just those who currently reside together, including past cohabitators. Domestic violence also applies to co-parents regardless of their marital status. However, it's important to note that all family or household members (aside from those with a child in common) must have lived together in the same single dwelling unit at some point in time.
Furthermore, violence that spans generations, such as a grandparent and grandchild or parent and child, can also be considered domestic abuse. Domestic violence charges are taken seriously and can lead to severe consequences, and those accused may face not just fines but also time in prison if convicted. It is vital to ensure one's rights are protected if they find themselves accused of such a crime.
Domestic Violence in Florida May Include:
- Child abuse
- Physical abuse
- Emotional abuse
- Sexual abuse
- Spousal rape
- Child neglect or endangerment
Types of Domestic Violence Offenses
If law enforcement is called to a home because of a domestic disturbance, they may arrest a suspect as a precaution – even without a warrant – if they believe there is probably cause.
Miami, in particular, has specialized domestic violence units within the police force that focus on these cases, ensuring thorough investigations and comprehensive support for victims. Recognizing the complex nature of these situations, local authorities often collaborate with social services to provide both legal and rehabilitation resources.
The Charges in Domestic Violence Cases Can Include:
- Assault
- Aggravated assault
- Battery
- Aggravated Battery
- Sexual Assault
- Sexual Battery
- Stalking
- Aggravated Stalking
- Kidnapping
- Tampering with a Witness
- False Imprisonment, as well as other criminal offenses
What If I Was Defending Myself?
Even if you were defending yourself, once you are arrested, it is necessary to expose the truth to the prosecutor and court. There are various legal strategies that may apply, depending on your specific circumstances.
Self-defense claims often depend on strong documentation and credible witness statements. Swiftly collecting evidence – such as medical records, photos, or video footage – is essential. Accurate documentation can be pivotal in building a successful defense strategy, emphasizing the immediate threats faced.
Your injuries should be documented, potential witnesses should provide statements, and the prosecution's witnesses must be thoroughly investigated for accuracy and credibility.
How Can the Court Help Protect the Victim?
- A temporary injunction for protection or restraining order will usually be issued against the offender.
- The accused must remain in jail until the first hearing in the case.
- If the defendant is guilty, the sentence is a mandatory minimum of five days in jail for misdemeanor assault.
- Depending on the severity of the incident, the penalties may increase significantly.
- Prior convictions or the offender's status on parole or probation at the time of the incident are other factors that can affect the degree of punishment.
What Are the State and Federal Penalties for Domestic Violence?
Domestic violence convictions in Florida may results in both state and federal penalties.
State and Federal Penalties May Include:
- A misdemeanor battery domestic violence conviction can mean up to 5 years in jail and fines.
- The second and subsequent guilty verdicts can escalate the charge to a third-degree felony.
- Offenders are required to attend a Battery Intervention Program to treat and change abusive behavior.
Federal law permanently prohibits offenders from possessing firearms or obtaining hunting licenses. A conviction may also result in loss of government employment or professional licensure in fields such as nursing, education, or roles with security clearances. Military discharge or deportation may also apply.
Protecting Your Rights in Domestic Violence Cases
Domestic violence cases can be complex and emotionally charged, making it essential to have a knowledgeable and experienced attorney on your side. At the Law Office of Michael Mirer, P.A., we are dedicated to protecting the rights of individuals facing domestic violence charges in Miami and the surrounding areas.
Our Miami domestic violence attorney provides compassionate yet strategic legal representation, with the goal of achieving the best possible outcome for your case. Whether you are facing allegations of domestic battery or abuse, we will work tirelessly to defend your rights and reputation.
When you choose our firm, you can expect:
- Personalized attention to your case
- Custom legal strategies tailored to your circumstances
- Clear communication and guidance throughout the legal process
- Strong advocacy both inside and outside the courtroom
Don't face domestic violence charges alone. Contact the Law Office of Michael Mirer, P.A. today, to schedule a consultation with our experienced legal team.
How Will a Domestic Violence Accusation Affect My Child Custody or Visitation?
If you are found guilty, you may lose custody of your children, or you may be limited to supervised visitation only. These are serious matters that require experienced legal guidance. Losing custody or visitation rights is one of the most serious consequences of being accused of child abuse, child endangerment, or other types of domestic violence involving children.
In extreme cases, the state may intervene and place children in protective custody or foster care. If you are accused of child abuse, endangerment, molestation, or any other serious domestic violence crime, contact our firm at once.
Understanding the impact of these accusations on family dynamics and future relationships is crucial. Legal intervention can not only assist in building a robust defense but also guide in securing the necessary social and psychological support for families during these challenging times.
Can the Victim Drop Domestic Violence Charges in Florida?
In most cases, victims cannot drop domestic violence charges once they are filed in Florida. Once charges are filed, the State Attorney's Office decides whether to proceed with prosecution. It is important to note that determining factors such as the strength of evidence and severity of the crime will be considered when making this decision. Judges may, however, modify or dismiss restraining orders if both parties agree and circumstances permit.
The legal process primarily aims to ensure victim safety while holding offenders accountable. It's critical to understand that even when victims wish to reconcile, the legal system prioritizes long-term safety and cannot always align with personal preferences.
Benefits of Hiring a Domestic Violence Defense Attorney in Miami, FL
Hiring a domestic violence attorney early in the process can significantly improve your chances of a favorable outcome. Miami Attorney Michael Mirer is a former prosecutor with over a decade of trial experience. His experience on both sides of the courtroom gives him unique insight into how prosecutors build domestic violence cases in Florida.
The Law Office of Michael Mirer, P.A. offers aggressive and effective defense strategies that will help you avoid a conviction and serious penalties. In addition to defending you in the face of domestic violence allegations, our firm can help if you've been served a restraining order as a result of alleged abuse.
Our firm is deeply familiar with Miami's legal framework, providing invaluable insights that cater specifically to the local courts. This nuanced understanding of the system can be critical in navigating complex legal proceedings successfully.
What Happens After a Domestic Violence Arrest in Florida?
After a domestic violence arrest in Florida, the accused is typically held without bond until their initial court appearance, usually within 24 hours. At that hearing, a judge may issue a No Contact Order, even if both parties live together or share children. Violating this order—through texts, calls, or in-person contact—can lead to additional charges. Prosecutors then decide whether to file formal charges based on police reports, medical documentation, witness accounts, and any physical evidence. A defense attorney can help challenge the order, negotiate for reduced bail, or pursue a case dismissal or diversion program. Prompt legal action is critical to protecting your freedom, family, and future.
Defense Options for Domestic Violence Charges in Florida
If you are facing domestic violence charges in Florida, an experienced defense attorney can evaluate a range of legal strategies tailored to your case.
- Self-Defense: This may be argued if you were defending yourself against an immediate threat of harm from your partner or spouse.
- False Accusations: Sometimes, domestic violence allegations can be falsely made by the accuser. Your defense attorney can try to prove that the allegations are false or exaggerated.
- Lack of Evidence: If the prosecution does not have sufficient evidence to prove that you committed the crime, your defense attorney can argue that the charges should be dropped.
- Lack of Intent: Domestic violence charges require proof of intent to harm or cause fear. If the evidence suggests that the incident was accidental or not intentional, the charges may be reduced or dismissed.
- Alibi: If you have evidence that you were not present during the incident, such as a witness or video surveillance, your defense attorney can use that as a defense.
- Police Misconduct: If the police officers who arrested you engaged in misconduct, such as conducting an illegal search or seizure, your defense attorney can use this to challenge the evidence against you.
Understanding the Legal Process for Domestic Violence Cases
When facing domestic violence charges, it is important to understand the legal process and your rights. Our Miami domestic violence attorneys have extensive experience in handling domestic violence cases and can guide you through the legal proceedings with clarity and competence.
Key aspects of the legal process for domestic violence cases include:
- Arrest and booking procedures
- Court appearances and arraignment
- Evidence gathering and discovery by both sides
- Negotiations with the prosecution to seek reduced charges or dismissal
- Trial preparation and defense strategies including witness examination and legal motions
- Possible outcomes and sentencing
Our team of legal professionals will work tirelessly to protect your rights and build a strong defense on your behalf. We understand the complexities of domestic violence cases and are dedicated to achieving the best possible outcome for our clients.
Each case is unique, and the legal process often requires adjusting strategies to the specific details and evidence presented. Proactive engagement with legal counsel can significantly increase the chance of a favorable resolution.
Get started on your free consultation with a Miami domestic violence lawyer - contact us at (800) 798-0243 today!
Our Areas of Practice
Miami Domestic Violence Rehabilitation Resources
- Lotus House: A non-profit organization that provides shelter, support, and services to women and children affected by domestic violence in Miami.
- Camillus House: A non-profit organization that offers a variety of services, including emergency shelter, counseling, and case management for victims of domestic violence.
- Kristi House: A non-profit organization that provides counseling, therapy, and support groups for children and families affected by domestic violence.
- The Women’s Fund Miami-Dade: A non-profit organization that provides funding and support for programs and services that help women and children affected by domestic violence.
- Family Resource Center of South Florida: A non-profit organization that provides counseling, therapy, and support groups for families affected by domestic violence.
- Women in Distress of Broward County: A non-profit organization that provides counseling, therapy, and support groups for women and children affected by domestic violence.
- The Salvation Army Domestic Violence Shelter: A non-profit organization that provides shelter, support, and services to women and children affected by domestic violence in Miami.
- Florida Coalition Against Domestic Violence: A statewide non-profit organization that provides advocacy, education, and support for survivors of domestic violence.
Experienced Domestic Violence Defense in Florida
Although you may have been accused of a terrible offense, you have the right to legal counsel. When you work with attorney Michael Mirer, you will be treated with the respect and compassion you deserve. You will have a strong, experienced advocate for your rights both inside and outside of the courtroom to help you resolve this matter as quickly as possible.
Challenge your domestic violence charges with an experienced lawyer at your side. Contact a Miami domestic violence attorney at the Law Office of Michael Mirer, P.A. today to discuss your defense options.
Hear From Our Clients
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"Appreciate the concise, honest, and fast support."
We really appreciate the concise, honest, and fast support Michael Mirer has given us which led to our case's dismissal. From the start, Michael presented a plan and executed accordingly, guiding us every step of the way. Worth every penny.- J.K. -
"Thank you, Michael for getting charges dropped."
Responsible, honest, on time, great at communicating, and professional. Best in the business! I recommend 1000% to anyone needing a criminal lawyer. Thank you, Michael for getting charges dropped.- Jesus R. -
"I'm extremely grateful I chose the best."
I wholeheartedly recommend Michael! I've seen him in action and he's truly exceptional. He made me feel at ease and his whole team is outstanding. I'm extremely grateful I chose the best. Michael's expertise in court shone through, making the state attorney's case seem insignificant. My case was dismissed! If you need top-notch representation, look no further. Don't settle for less—he's worth it!- Moran H. -
"Mr. Mirer the best attorney all around, very respectful, a humble person, open minded and well respected."
Mr. Mirer saved me from a 25 year conviction, the case was of drug trafficking. I only did 20 months in prison when it should've been no less than 15 years. He worked hard he's not all about just taking your money and forgets about u. He has an amazing team that does not let his clients down. No matter how busy he is he always answer phone calls, texts if not at the moment he'll find the time to reach back. I always felt like my case was priority and that's important for a client and I thank him for that. Definitely he will always be my first choice of recommendation to whom is in need of a trust worthy lawyer. Thank u again Mr. Michael Miter.- Former ClientMiami, FL -
"They assured me they could get my case resolved and squashed... in less than a week it was done."
They assured me they could get my case resolved and squashed... in less than a week it was done.- Former Client -
"My case is almost done and I am so happy with such a great attorney."
My case is almost done and I am so happy with such a great attorney.- Former Client -
"My case was dismissed and we are in the process of expunging my record. I am forever grateful to Michael."
My case was dismissed and we are in the process of expunging my record. I am forever grateful to Michael.- Former Client -
"Mr. Michael Mirer as brilliant, compassionate and empathetic attorney."
Mr. Michael Mirer as brilliant, compassionate and empathetic attorney.- Former Client