What is a Restraining Order? The threat of violence does not stop even after a person has been charged or arrested for domestic violence. In order to prevent victims from facing further threats and harassment, the state can enforce legal measures for protection. An example of this is a restraining order. A restraining order, sometimes…
MIAMI, FLORIDA DOMESTIC VIOLENCE CASES
In Miami and throughout the State of Florida, if the police or paramedics respond to what appears to be a domestic violence case, the police are required under Florida law to arrest the alleged perpetrator, even if the alleged victim does not want that person to be arrested. This often leads to false arrests or arrests for relatively minor incidents. Individuals who are arrested or charged with a Florida domestic violence offense may face public embarrassment and harsh penalties. Florida state prosecutors take a tough “pro-prosecution” stance against alleged domestic violence offenders; therefore, it vital to have an aggressive and skilled Miami domestic violence defense attorney representing your rights. After all, your future may depend on it.
DEFINITION OF DOMESTIC VIOLENCE IN FLORIDA
Under Florida law, domestic violence refers to any form of criminal offense by one family or household member resulting in physical injury or death of another member of the family or household. The state’s definition of “family or household member” is relatively broad and is not limited to persons currently residing together within the home. It includes:
- Former spouses
- Anyone related by blood
- Anyone related by marriage
- Persons currently or formerly residing together as if a family
- Individuals who have a child together
- And more
In most situations, however, the individuals must be currently living in the same dwelling or must have resided together in the past.
Florida’s domestic violence statute covers the following forms of domestic violence:
- Assault, including sexual assault and aggravated assault
- Battery, including sexual battery and aggravated battery
- Stalking or aggravated stalking
- False imprisonment
- And more
PENALTIES FOR DOMESTIC VIOLENCE CONVICTIONS IN FLORIDA
Depending upon the severity of your alleged Florida domestic violence offense, you can be charged with a misdemeanor or a felony crime. If convicted, you may face any of the following penalties:
- Jail or prison time
- Mandatory community service
- Mandatory counseling, including anger management training or parenting classes
A Miami domestic violence arrest may also result in your being prohibited from contacting the alleged domestic violence victim and/or being prohibited from entering your own home.
FORMER PROSECUTOR DEFENDS INDIVIDUALS AGAINST FLORIDA DOMESTIC VIOLENCE CHARGES
Even if you have no prior criminal record, a felony conviction for domestic violence cannot be expunged from your record. As a result, this can negatively affect your ability to get a job, housing, or credit in the future; however, an experienced Florida domestic violence lawyer can often negotiate to have the domestic violence charges against you reduced to a lesser charge that would allow future expungement of your criminal record.
Unfortunately, too many individuals who are accused of domestic violence fail to procure an aggressive defense. They may mistakenly believe that they have no choice but to plead guilty and accept the consequences. If you are accused of domestic violence, you should never attempt to navigate the Florida legal system alone. An experienced Miami criminal defense attorney can help you sort through the legalities and defend your future.
Chad Piotrowski is a qualified and veteran Miami domestic violence defense attorney with valuable experience as a former state prosecutor. He understands how Florida state prosecutors operate and can use this to your advantage in defending you against your Florida domestic violence charges. In addition, Miami domestic violence attorney, Chad Piotrowski, was responsible for training new attorneys to the Domestic Violence Unit and even helped write the training manual used today.
If you are accused of domestic violence in Miami-Dade County, Broward County, Palm Beach County, or anywhere in Florida, contact Chad Piotrowski today to arrange for a confidential review of your Florida domestic violence case.