Falsely Accused for Domestic Violence in Miami?

Defendant Falsely Accused of Domestic Violence

Anyone accused of domestic violence, even when innocent, needs to be aware of the potential harsh consequences if found guilty by the courts. A person convicted could lose:

• Parental rights
• Contact with family and children
• Their freedom

In Florida, the state can pursue criminal charges against an accused offender even over the protest of the alleged victim. Allegations of domestic violence can lead to an arrest and most like an order of protection or a restraining order filed against the accused offender.

Facing false domestic violence accusations? Protect your rights and your future with experienced legal defense. Call (800) 798-0243 or contact us today for a free consultation.

At the Law Office of Michael Mirer, P.A., we are dedicated to helping clients facing criminal charges by offering a strong and aggressive defense. It is important to have an attorney represent you at the time of arrest so you can avoid making possibly incriminating statements to the authorities. We can represent you at your first hearing and at each step of the legal process.

Protect Your Interests When Falsely Accused

Being falsely accused of domestic violence is a serious situation that can lead to jail time, fines, and other legal consequences—even if you are completely innocent. Taking immediate action is crucial to protect yourself.

Steps to Take Immediately

• Document Everything – Create a detailed timeline of the events leading up to the allegations.
• Educate Yourself – Understand the charges against you to help your attorney build a strong defense.
• Stay Involved – An informed and cooperative client makes it easier for a lawyer to defend the case effectively.

What If I Am Falsely Accused of Domestic Violence?

False accusations can arise in emotionally charged situations, such as divorce or child custody battles. Even if you have never been violent, you must take these allegations seriously. A domestic violence conviction can have devastating consequences on your personal and professional life.

• The prosecutor controls the case – Even if the accuser later admits to exaggerating, only the prosecuting attorney can drop the charges.
• Avoid all contact with the accuser – Do not call, text, email, send gifts, or ask someone else to reach out on your behalf.
• Respect restraining orders – Even if the accusations are false, violating a restraining order is a serious crime with additional penalties.

The Impact of a Domestic Violence Conviction

A domestic violence conviction can have long-term consequences that extend beyond legal penalties. It can affect nearly every aspect of your life, including your ability to find employment, secure housing, and maintain relationships.

• Employment Challenges – Many employers conduct background checks, and a domestic violence conviction can make it difficult to get hired, especially for jobs that require trust, responsibility, or working with vulnerable populations. Some professional licenses may also be revoked.
• Housing Difficulties – Landlords often run background checks on potential tenants. A criminal conviction can lead to rental application denials, making it harder to find a place to live.
• Child Custody & Visitation – Family courts take domestic violence allegations very seriously. A conviction can lead to loss of custody or restricted visitation rights, making it difficult to maintain a relationship with your children.

Protecting Your Rights During an Arrest

If you are accused of domestic violence, it is crucial to protect your rights from the very beginning. Anything you say or do can be used against you in court.

• Stay Silent & Request an Attorney – You have the right to remain silent. Do not try to explain your side of the story to the police, as this can be misinterpreted or used against you later. Politely inform officers that you want a lawyer.
• Avoid Resisting Arrest – Even if the accusations are false, resisting arrest can lead to additional charges. Stay calm and comply with law enforcement while asserting your rights.
• Understand Your Miranda Rights – If you are taken into custody, you must be informed of your right to remain silent and your right to an attorney. Exercise these rights immediately to avoid self-incrimination.

Restraining Orders & Their Consequences

Restraining orders (also known as protective orders) can be issued against someone accused of domestic violence, even before a conviction. These orders can have immediate and severe consequences.

• Limitations on Daily Life – A restraining order may prohibit you from returning to your home, seeing your children, or even contacting the alleged victim. Violating these terms can result in additional criminal charges.
• Effect on Work & Reputation – If a restraining order becomes public knowledge, it can damage your reputation and potentially impact your employment. Some restraining orders may also prevent you from possessing firearms or traveling freely.
• Challenging a Restraining Order – If a restraining order has been issued against you unfairly, you have the right to challenge it in court. Your attorney can help present evidence, witnesses, or other proof to demonstrate why the order should be lifted.

Defending Against False Domestic Abuse Allegations

False accusations of domestic violence may be made out of spite, revenge, or to gain an advantage in legal disputes. These claims can include charges such as assault, battery, child abuse, or spousal rape.

A strong defense requires:

• Legal representation – An experienced attorney will protect your rights and present a compelling defense.
• Challenging the prosecution’s case – The burden of proof is on the prosecution to show intent to harm.
• Presenting strong evidence – Witness statements, police reports, medical records, and other documentation can help establish your innocence.

Former prosecutor Mr. Mirer understands how the prosecution builds cases and uses that knowledge to defend his clients effectively. His experience can be a valuable asset in fighting false accusations.

Frequently Asked Questions (FAQ)

Can I be arrested for domestic violence even if the alleged victim doesn’t press charges?

• Yes. In Florida, domestic violence cases are prosecuted by the state, not the alleged victim. Even if the person who made the accusation wants to drop the charges, the prosecutor can still move forward with the case if they believe there is enough evidence to secure a conviction.

Will a domestic violence charge show up on my background check?

• Yes, an arrest or conviction for domestic violence will likely appear on background checks. This can affect employment opportunities, housing applications, and even professional licensing. In some cases, expungement or record sealing may be an option, but this depends on the circumstances of the case.

Can I contact the alleged victim if I was falsely accused?

• No. Even if you believe the accusation was false, you should never contact the alleged victim—especially if there is a restraining order in place. Violating a restraining order can result in additional charges and more severe penalties. Any communication should go through your attorney.

What happens if I violate a restraining order?

• Violating a restraining order can lead to serious consequences, including additional criminal charges, fines, and potential jail time. Even if the alleged victim invites you to meet or talk, you should avoid any contact until the order is lifted by the court.

Do I need a lawyer if I’m innocent?

• Yes. Even if you are falsely accused, you need an experienced defense attorney to protect your rights and build a strong case on your behalf. Domestic violence charges can be complex, and without legal representation, you risk a wrongful conviction and severe penalties.

Can domestic violence charges affect my gun rights?

• Yes. A domestic violence conviction or even a restraining order can result in losing your right to own or carry a firearm. If you own firearms, you may be required to surrender them, and violating this order can lead to additional criminal charges.

How long does a domestic violence case take to resolve?

• The timeline varies depending on the complexity of the case, whether the prosecution has strong evidence, and whether a plea deal is negotiated. Some cases are resolved within weeks, while others may take months or longer if they go to trial. 

A domestic violence charge can impact your life in many ways. Don’t wait to get the legal help you need. Call (800) 798-0243 or contact us now to discuss your case.