Miami Domestic Violence Lawyer

How is Domestic Violence Defined in Florida?

In Florida, domestic violence has a wide-reaching definition and applies to any kind of violence, sexual or otherwise, that takes place with a family or household member. "Family or household member" encompasses a diverse range of relationships, including spouses, blood relatives, and those who live together as a family unit. This definition extends beyond just those who currently reside together, also including those who have lived together in the past. Whether or not a couple has been married is irrelevant if they have a child together. 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 occurs across generations, such as a grandparent and grandchild or parent and child, can also be considered domestic abuse. Domestic violence charges are quite serious in Florida and those accused may face not just fines but also time in prison if convicted. It is vital to make sure that one's rights are protected should they find themselves accused of such a crime.

Domestic Violence Involves at Least One of the Following:

Types of Domestic Violence Offenses

If law enforcement is called to a home because of a domestic disturbance, they may arrest the offender as the first step in providing protection for the victim.

The Charges in Domestic Violence Cases Can Include:

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 to the court. There are a variety of actions that can be taken, based upon the circumstances of your case. 

1. You may have injuries that must be documented; 
2. there could be witnesses that can make statements supporting your case; 
3. and the witnesses for the prosecution must be investigated to determine their truthfulness as well as their involvement in the case, no matter how minor.

How Can the Court Help Protect the Victim?

1. A temporary injunction for protection or restraining order will usually be issued against the offender.
2. The accused must remain in jail until the first hearing in the case.
3. If the defendant is guilty then the sentence is a mandatory minimum 5 days in jail for misdemeanor assault.
4. Depending on the severity of the incident, the penalties may increase drastically.
5. Prior convictions, or whether the offender was 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?

Not only are there penalties at the state level, there are also federal penalties particular to the convicted domestic violence offenders.

The Penalties Include:

• A misdemeanor battery domestic violence conviction can mean up to 5 years in jail and payment of fines.
• The second and subsequent guilty verdicts can increase the charges from a misdemeanor to a 3rd degree felony.
• Offenders are required to attend a Battery Intervention Program to treat and change abusive behavior.

Federal laws can have a drastic affect on the life of the convicted offender. The laws permanently prohibit the possession, ownership and use of firearms. They also prohibit the issuance of hunting licenses. A conviction can cause the loss of a government job, or work as a nurse, teacher, or other types of jobs that involve security clearance and professional licenses. An offender may be discharged from the military or deported.

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 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 lawyer understands the sensitive nature of these cases and provides compassionate yet aggressive representation to achieve the best possible outcome for our clients. 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
• Strategic defense strategies tailored to your situation
• Clear communication and guidance throughout the legal process
• Advocacy in and out of the courtroom

Don't face domestic violence charges alone. Contact Law Office of Michael Mirer, P.A. today to schedule a consultation with our experienced legal team.