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Miami Domestic Violence Attorney

Spousal & Family Violence Charges

Law enforcement now responds much differently to domestic abuse than was the case in earlier times. A number of decades ago law makers and the entire legal system began to shift to a much more enlightened approach regarding domestic violence and establishing protections for victims of domestic abuse. Domestic violence is considered a violent crime with substantial penalties. Assault, sexual assault, false imprisonment, battery, harassment, kidnapping, stalking and other violent offenses are categorized as domestic violence when a domestic relationship exists or did exist between the accused and the alleged victim such as husband and wife, ex-spouse, relative, housemate, or domestic partner. Depending upon the circumstances police may be required to make an arrest during a domestic call. If you have been arrested for domestic violence, be sure to contact a Miami criminal defense attorney from the firm.

Injunctions for Protection or "Restraining Orders"

One potential consequence of a domestic violence allegation is having an injunction for protection (restraining order) filed against you. This is a civil, rather than criminal, court order that can prevent you from going to certain places, seeing your loved ones, determine custody and can even force you to move from your current place of residence. If you have had an injunction filed against you, you are considered the Respondent, as you are the one alleged of an act of family or domestic violence (or threatened violence). The consequences of these restraining orders differ from case to case, but you could become the recipient of some type of restraining order if your actions meet the standard laid out in § 784.046(1)(a) of the Florida Statutes, that is, assault or battery on another individual without their consent. Our Miami criminal defense law firm may also be able to assist with cases that involve restraining orders.

Penalties for Domestic Violence in Miami, FL

Domestic relationships can become very strained. Arguments can escalate into highly charged disputes. Sometimes there is evidence of violence. In some cases, one of the parties in a dispute will say threats were made or violence was committed when there is no evidence. Even in the absence of any evidence police may be required to make an arrest. Whether the prosecutor will file charges or not depends solely on whether there is enough to get a conviction. Consequences of a conviction can include:

  • House arrest
  • Community service
  • Alcohol and drug treatment and other counseling
  • House arrest
  • Probation
  • Jail or prison time (depending upon your history)
  • Fines and court costs
  • 'No contact" or "No return" order to keep you away from the victim or your home
  • Social and professional consequences

This is not a situation to be taken lightly. The sooner you get professional legal assistance the more opportunity there is to improve the outcome of your case. A respected domestic violence lawyer can take fast action concerning getting the charges reduced or preventing any charge from being filed. For more information, please see Florida Statute §741.28 (2011) regarding domestic violence. Contact the Miami criminal defense firm to discuss your charges today!

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Law Office of A. Antonio Tomas, P.A.
Miami Tax Law & Criminal Attorney
Located at: 815 Ponce De Leon Boulevard
Suite 303

Miami, FL 33134
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Phone: (305) 290-2313 | Local Phone: (305) 648-1040.
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Disclaimer
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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