Miami Domestic Battery Attorney

Domestic Battery Defense: Protect Your Rights

Any type of domestic violence charge is serious. Domestic battery charges are treated differently than other types of battery cases. Normally, the prosecution will drop charges when a victim does not want to pursue a complaint against the offender. That is not the case in domestic battery cases where the State Attorney decides whether to prosecute a case.

If you are facing domestic battery charges in Florida, you will need a strong defense. At the Law Office of Michael Mirer, P.A. we handle all types of domestic violence case, including domestic battery. It is important to have a Miami domestic battery attorney by your side for the protection of your constitutional rights at each step of the legal process.

Facing Domestic Battery Charges?
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Understanding Domestic Battery Charges in Florida

Domestic violence is defined in the Florida Statute 741.28 (2011) and it covers "any assault, battery, sexual assault, or any criminal offense resulting in physical injury or death of one family or household member by another who is residing in the same single dwelling unit." The offense can range from grabbing the victim by the arm to striking or hitting the victim.

Law enforcement and prosecutors take these cases seriously, especially when minors are involved; their interest is in protecting the victims. If the prosecution believes there is enough evidence of domestic battery, even when the victim wishes to drop charges, the state may press charges and pursue the criminal case.

In domestic battery cases, the defendant is not allowed to post bond until the first hearing before a judge, nor can the defendant have contact with the victim. The defendant cannot leave jail without first seeing a judge. It is vital to have a Miami domestic battery attorney represent your case.

Defining Domestic Battery vs. Other Forms of Domestic Violence

Domestic violence is a broad term that includes various offenses. The three most common charges are domestic battery, domestic assault, and other forms of domestic violence. Here’s how they differ:

• Domestic Battery: This occurs when a person intentionally touches or strikes a family or household member in a harmful or offensive way. It involves physical contact and may include actions like hitting, slapping, or pushing.
• Domestic Assault: This refers to the threat of harm or violence toward a family member, without actual physical contact. It may involve verbal threats or gestures that put the victim in fear of harm.
• Other Forms of Domestic Violence: These include actions like stalking, sexual battery, or emotional abuse. Any behavior that causes fear, distress, or harm to a family member can fall under domestic violence.

Understanding these distinctions is crucial because the legal consequences, penalties, and defense strategies can differ based on the charge. Domestic battery is more likely to result in severe penalties, including jail time and mandatory counseling.

The Role of Protective Orders in Domestic Battery Cases

In domestic violence cases, protective orders (also called restraining orders) are often issued to safeguard the alleged victim. Here’s what you need to know:

• Temporary Protective Orders (TPO): These are short-term orders issued quickly, usually after an arrest or an incident. They may last for a few days to weeks and prevent the defendant from contacting or going near the victim.
• Permanent Protective Orders: These orders are issued after a court hearing and can last for months or even years. They offer long-term protection and may include restrictions like no contact, eviction from the shared residence, and more.
• Impact on the Defendant: Having a protective order against you can severely restrict your movements and interactions. It may also affect your ability to contact children, attend family events, or even live in your home. Violating a protective order can lead to serious consequences, including arrest.

Impact of Domestic Battery Convictions on Child Custody

A domestic battery conviction can significantly impact child custody decisions in Florida. Here’s how:

• Family Court Considerations: When deciding custody arrangements, family courts prioritize the safety and well-being of the children. A history of domestic violence, including domestic battery, can strongly influence these decisions.
• Effect on Custody and Visitation Rights: If convicted, you may lose custody of your children or be given limited visitation. The court might order supervised visits to ensure the child’s safety during interactions.
• Long-Term Impact: A conviction may lead to permanent limitations on your relationship with your children. The court might require that you complete domestic violence counseling, anger management, or other programs before allowing visitation.

In domestic battery cases, it is crucial to have strong legal representation to minimize the impact on your family relationships and secure the best possible outcome in custody matters.

Talk to a Lawyer Before Making Any Decisions

If you plead no contest or guilty to the charges of domestic battery, the offense will stay on your record forever - it cannot be expunged or sealed. That can have significant consequences for you in the future. It can affect employability and career advancement. It can harm your reputation and relationships. It can affect the decisions of the court if you are divorcing and considering child custody issues. If you are an immigrant in the United States, domestic battery is a deportable offense. A defense attorney can help you with an aggressive defense if you were falsely accused of the crime.

Domestic Battery Penalties

Depending on the situation of the incident, the penalties may increase or decrease. A conviction for domestic battery means time in jail. Probation may be required and during that time, the offender must complete family violence counseling. There can be no contact with the victim. Included in the sentencing is psychological evaluation and treatment. If drinking is an issue, one may have to undergo an alcohol evaluation/treatment. A judge may order restitution to the victim as well. A defendant found guilty of aggravated domestic battery may receive a sentence of 5 years in state prison. In addition, per Federal Law, an individual convicted of domestic violence cannot use, own or possess a firearm.

Many instances of domestic battery in Florida are the result of misunderstandings or false accusations for various reasons. The prosecution does not care and they, along with law enforcement, will take the necessary measures to protect the alleged victims from harm. Our Miami domestic battery lawyers are experienced in representing clients facing serious charges and work to help them pursue the best possible outcome in their criminal cases.

Frequently Asked Questions (FAQs)

• What is the difference between domestic battery and domestic violence?
  Domestic battery is a form of domestic violence that specifically involves physical harm or offensive contact. Domestic violence, on the other hand, is a broader term that can include physical harm, threats, emotional abuse, stalking, or sexual violence.
• Can a domestic battery charge be dropped?
  While the victim may wish to drop the charges, domestic battery cases are typically prosecuted by the state. The prosecutor can still pursue charges, even if the victim decides not to testify or recants their statement.
• What happens if I violate a protective order in a domestic battery case?
  Violating a protective order can lead to serious consequences, including arrest, additional criminal charges, and extended restrictions. This can further complicate your legal situation and affect the outcome of your case.
• Can a domestic battery conviction be expunged?
  In most cases, a domestic battery conviction cannot be expunged or sealed. This means it will remain on your criminal record permanently, which can affect employment, housing, and other aspects of your life.
• How does a domestic battery conviction affect my immigration status?
  For non-citizens, a domestic battery conviction can have severe immigration consequences, including deportation or disqualification from obtaining certain visas. It’s important to speak with an immigration lawyer if you're facing domestic battery charges.
• Do I need a lawyer if I’ve been accused of domestic battery?
  Yes, it’s crucial to have an experienced domestic battery attorney by your side. A lawyer can help protect your rights, build a strong defense, and guide you through the complex legal process, including potential consequences for child custody, employment, and more.
• Can a domestic battery charge result in jail time?
  Yes, depending on the severity of the case and whether aggravating factors are present, a conviction for domestic battery can lead to jail time, probation, or mandatory counseling. Repeat offenders or those with more severe charges may face longer sentences. 

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