Miami Domestic Violence Attorneys

Fighting for the Rights of Clients for over 50 years

The crime of domestic violence may involve aggressive behavior towards anyone living in your household. While domestic violence charges are not uncommon in the state of Florida, they are often accompanied by serious penalties.

Consequences for a domestic violence conviction can include:

• Jail time
• Restraining orders
• Significant fines

Domestic violence charges can impact virtually every aspect of your life. This is particularly true if you already have a criminal record, given that a domestic violence conviction may interfere with your parole or probation agreement, as well as generally limiting where you can live and work. For all these reasons, it is extremely important that you contact a skilled Miami domestic violence attorney if you or someone you know has been accused of this serious crime. Fortunately, Jeffrey S. Weiner, P.A. has over 50 years of experience in securing case victories for clients. Call now to schedule a consultation, and start fighting for your future.

To speak to a Miami domestic violence lawyer now, just dial (305) 985-6640.

What Is Domestic Violence?

Domestic violence is a wide-ranging crime. While most assume it only relates to violence against one’s spouse, there are actually many individuals who may be affected by domestic violence.

Parties who commonly level domestic violence accusations include:

• Spouses
• Ex-spouses
• Partners
• Relatives
• Co-parents
• Other family members

In addition to encompassing many different kinds of people, domestic violence charges may include many forms of violent offenses. Sexual assault, assault and battery, stalking, withholding access to medication of other medical resources, threating of bodily harm and other aggressive behavior can all constitute domestic violence. Even emotional and physical abuse may be considered domestic violence in come cases. 

This crime can also be pursued in civil court as well as criminal court, meaning you will want to hire a lawyer who can banish criminal charges as quickly as possible, in order to dissuade the accusing party from pursuing any other legal actions.

Which Court Hears Domestic Violence Cases in Miami?

In Miami, domestic violence cases are heard by a specialized division within the Eleventh Judicial Circuit of Florida. This division, known as the Domestic Violence Division, is exclusively dedicated to addressing family violence issues. It comprises seven judges who oversee various domestic violence cases. 

Court divisions that may hear a domestic violence case in Miami include: 

• Domestic Violence Civil Court: Primarily oversees civil injunction for protection order (restraining order) cases. These cases involve requests from victims seeking court orders to protect them from further harm by their abuser. 
• Domestic Violence Criminal Court:  This court is designed to prioritize and address criminal misdemeanor cases related to family violence and violations of injunctions. 
• Domestic Violence Drug Court: This court monitors offenders who have both domestic violence and substance abuse issues, aiming to provide targeted interventions and reduce recidivism through a dedicated review calendar.
• Domestic Violence Mental Health Court: This court allocates additional judicial time and resources to domestic violence defendants grappling with mental health issues.

Felony domestic violence cases in Miami are typically tried in the Criminal Division of the Eleventh Judicial Circuit Court. This division handles more severe domestic violence offenses that rise to the level of felonies, ensuring these severe cases receive appropriate scrutiny and judicial oversight.

Defending Against Domestic Violence Allegations

Defending against domestic violence allegations requires a strategic and comprehensive approach. The consequences of a conviction can be severe, affecting various aspects of your life, including your career, family dynamics, and personal reputation. Our experienced Miami domestic violence attorneys are dedicated to crafting a defense tailored to the specifics of each case.

Potential defense strategies for domestic violence cases include:

• Challenging the evidence
• Questioning the credibility of witnesses 
• Self-defense 
• Providing allegations are false 
• Introducing mitigating circumstances 

What Happens If You Have a Domestic Violence Injunction Against You?

A domestic violence injunction, commonly known as a restraining order, is a civil legal order issued by the court to protect a victim from further harm by the alleged abuser. In Miami, if an injunction is placed against you (the respondent), it means you are legally required to follow specific restrictions and conditions laid out by the court.

Common conditions of a domestic violence injunction include:

• No contact with the petitioner, either directly or indirectly
• Staying away from the victim's home, workplace, or other specified locations
• Temporary custody arrangements regarding children
• Surrendering firearms or other weapons

Having a domestic violence injunction issued against you is a serious matter that demands immediate and careful attention. By consulting with one of our domestic violence attorneys right away and taking appropriate steps, you can put yourself in a more informed position to face the legal challenges that lie ahead and protect your future interests.

If you have been served with a temporary domestic violence injunction or notice of a domestic violence injunction hearing, you are encouraged to: 

• Follow the Order: Adhere strictly to all terms of the injunction to avoid any potential violations, which could result in additional criminal charges and penalties. 
• Seek Legal Representation: Contact a knowledgeable attorney who specializes in domestic violence cases to guide you through the legal process and help you understand your rights.
• Attend All Hearings: It is crucial to be present at all court hearings related to the injunction. Failing to appear can lead to unfavorable outcomes and further complicate your case.
• Gather Evidence and Witnesses: Compile any relevant evidence and witnesses that can help challenge the allegations against you during court proceedings.

How a Civil Injunction May Impact an Ongoing Criminal Case

If you are involved in both a civil injunction hearing and a related domestic violence criminal case, the injunction hearing could impact your criminal case. The injunction hearing is a civil matter, distinct from any criminal proceedings, and focuses solely on the injunction for protection. However, any statements made during this hearing can be used against you in your ongoing criminal case. Therefore, it is advisable to seek legal counsel to discuss how to manage the civil and criminal aspects of your situation. 

Protect Your Future, Hire a Miami Domestic Violence Lawyer Today

Penalties for domestic violence range from retreating orders and probation to third degree felony convictions. For instance, a misdemeanor battery charge could come with a 1 year prison sentence, while a felony conviction could lead to as long as 5 years behind bars. 

Because the crime spans such a gamut in terms of sentencing, it is important to hire a lawyer who is equipped to handle a number of scenarios. Luckily, at Jeffrey S. Weiner. P.A., our Miami domestic violence defense attorneys have all the resources and manpower needed to advocate tenaciously on your behalf. 

Call today to set up a free consultation, and remember—at Jeffrey S. Weiner. P.A., we believe everyone deserves a fair shot.