Crimes of domestic violence typically involve disputes between loved ones. When police respond to a call relating to domestic violence, they will often feel compelled to place somebody under arrest—even when there might be a complete lack of evidence to support any criminal charges.
In some cases of alleged domestic violence, alleged offenders may be taken into custody as the result of false or exaggerated allegations. All people who have been arrested for domestic violence need to understand that even when an alleged victim says that he or she does not want to press charges, it is the prosecutor handling the case that actually has the power to make such a decision.Lawyer for Domestic Violence Crimes in Miami-Dade County, FL
Were you arrested in Florida for any kind of alleged crime of domestic violence? It is in your best interest to contact The Hoffman Firm as soon as possible for help protecting your rights and achieving the most favorable outcome to your case with the fewest possible penalties.
Miami criminal defense attorney Evan A. Hoffman defends clients all over the Miami-Dade County area, including such communities as Opa-locka, Miami, North Miami, South Miami, Miami Beach, and more. You can take advantage of a free initial consultation that will let our lawyer review your case as soon as you call (305) 249-0090 or fill out an online contact form today.
North Miami Domestic Violence Information Center
- How does state law in Florida define domestic violence?
- What kinds of offenses are domestic violence charges usually based on?
- Are restraining orders connected to the criminal charges?
- Where can victims find help for domestic violence in Miami-Dade County?
Florida Domestic Violence Definitions
Florida Statute § 741.28 defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” Family or household members include:
- Former spouses;
- Persons related by blood or marriage;
- Persons who are presently residing together as if a family or who have resided together in the past as if a family; and
- Persons who are parents of a child in common regardless of whether they have been married.
Except for persons who have a child in common, family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Types of Domestic Violence Crimes in Miami-Dade County
While the statutory definition of domestic violence lists some of the most frequent examples of this crime, it is important to note that the statute specifically includes “any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” A conviction for any kind of domestic violence offense can have severe consequences, including possible imprisonment, fines, and a criminal record that can negatively impact possible employment or professional licensing concerns.
Some of the criminal charges relating to domestic violence that The Hoffman Firm handles includes, but is not limited to:
- Battery by Strangulation;
- Aggravated Battery on a Pregnant Female;
- Stalking/Aggravated Stalking;
- Domestic Assault/Battery; and
- Child Abuse/Neglect.
Orders for Protection in Miami-Dade County Domestic Violence Cases
Criminal charges are not the only area of concern for a person accused of domestic violence. An alleged victim may also seek an injunction for protection against domestic violence, commonly called a protection order or restraining order.
An injunction hearing is a civil matter, completely separate from any criminal case. Both the alleged victim and the alleged offender are allowed to present their sides of the story at protection order hearings, but an alleged victim only needs to prove his or her case by a preponderance of the evidence—a much lower standard than the burden of beyond a reasonable doubt necessary in criminal cases.
Protection orders can carry stiff consequences for alleged offenders, including possible loss of child custody or visitation, loss of access to a shared home, and loss of the right to possess a firearm. Any violation of a protection order carries stiff penalties, including incarceration and fines.
Florida Resources for Domestic Violence
Domestic Violence | Miami-Dade County — Miami-Dade County Community Action and Human Services has a number of programs that offer protection and supportive services to victims of domestic violence and their dependents. The department operates two domestic violence centers or shelters (Safespace North & South), two transitional housing facilities (Inn Transition North & South), three Domestic Violence Outreach Units, and the Coordinated Victims Assistance Center (CVAC). On this website, you can find additional information about these services including contact information.
Community Action and Human Services
Overtown Transit Village
North Building, 10th Floor
701 Northwest 1st Court
Miami, FL 33136
Florida Coalition Against Domestic Violence (FCADV) — FCADV serves as the professional association for Florida's 42 domestic violence centers, administering the state and federal funding earmarked for these shelters. On this website, you can learn more about FCADV’s centers and programs. You can also find statistics, publications, and other information relating to domestic violence.
If you were charged with any kind of criminal offense relating to domestic violence in Florida, you should not accept any plea bargain without first discussing the possible consequences with experienced legal counsel. The Hoffman Firm assists alleged offenders all over Miami-Dade County, including such communities as Hialeah, Opa Locka, Coral Gables, Aventura, Key Biscayne, Miami Beach, South Miami, North Miami, and Miami.
Evan A. Hoffman is a skilled criminal defense attorney in Miami who understands how these cases are handled as a former Assistant State Attorney. Call (305) 249-0090 or complete an online contact form right now to schedule a free, confidential consultation that will let our lawyer provide an honest and thorough evaluation of your case.