Allegations of domestic violence (DV) in Miami can do tremendous damage to your life, reputation, and career. In many cases, the circumstances that led to the incident do not really matter. Once one party calls the police, the police will often make an arrest based on that person’s complaint.
If you have been charged with DV, you need to get immediate legal help from an experienced Miami domestic violence lawyer. At the Law Offices of Robert David Malove, our criminal defense attorneys are committed to helping you navigate the process, come up with an effective defense, and fight to protect your freedom.
What Counts as an Act of Domestic Violence?
Domestic violence cases in the state are guided by Florida Statute § 741.29. A relative can have their household member arrested if they feel threatened by their relative’s actions or if they acted in a way that may have involved some form of violence. The key element of every domestic violence case is a perceived or real imminent or occurred threat to the complainant.
This element opens up the range of actions that can be interpreted as DV actions. As a result, the accused does not have to physically inflict harm on or hit the alleged victim. Something as simple as body contact, such as merely pushing the other person away to get free, may result in an arrest, particularly if the accused is painted as the primary aggressor, even when there are no physical signs of harm or abuse.
The bar for getting arrested on domestic violence charges is very low. All the law enforcement officer needs when called to a domestic disturbance scene is for one person to say the other attacked or hurt them, even when there is no evidence that they were attacked or hurt. If you are facing domestic violence charges in Miami, contact our experienced legal team for guidance and support.
Grounds for Filing a Domestic Violence Case
All domestic violence cases have two critical components. The first is the relationship of the accuser to the defendant. Specifically, a DV charge can only be leveled against someone by their current or former spouse, blood or marital relatives, present or past household members, live-in roommates, new or former intimate partners, or a co-parent.
The second condition for a DV case is the nature of the attack or assault. In Florida, anyone who has a relationship with the petitioner and does one or more of the following can be arraigned on domestic violence charges:
- Assault or aggravated assault
- Battery or aggravated battery
- Sexual assault or battery
- False imprisonment
- Kidnapping
- Aggravated stalking
Any action that leads to a perceived or actual threat or harm to the plaintiff can be charged and tried as domestic violence. Our experienced Miami attorneys could provide the legal guidance you need to navigate a DV charge.
Consequences of a Domestic Violence Conviction
Allegations of domestic violence should be taken very seriously, as the consequences of a conviction can have a lifelong impact. The penalties for domestic abuse convictions in Miami can include:
- Issuance of a temporary or permanent domestic violence injunction
- Other forms of restraining orders, including stay-aways and no contacts
- Possible loss of child custody or reduced access to the children
- Mandatory anger management or substance abuse programs
- Mandatory psychological evaluation
- Up to one year’s jail term
- Mandatory one-year probation
- Monetary fines
While these are the official consequences, the less obvious but equally damaging consequences include negative impact on the accused’s immigrant status, reduced credit rating, and a permanent criminal record. Your civil liberties, such as the ability to own and carry a firearm and contest for public office, can also be restricted. It is essential to seek legal help from a Miami law firm with the experience to defend DV charges.
Contact a Miami Lawyer About Domestic Violence Charges
If you are facing domestic violence charges, do not wait until it is too late to get legal help. Even if you feel that you did nothing, it is better to speak to an experienced Miami domestic violence lawyer from the Law Offices of Robert David Malove. Call our team today to discuss your case.