Miami Domestic Violence Lawyer

Domestic Violence Defense Attorney in Miami

Facing a domestic violence charge in Miami-Dade can leave you anxious, isolated, and unsure of what your next steps could be. The laws are complicated, and the process often moves quickly. That’s where a Miami domestic violence lawyer can step in. If you’re facing similar charges, a domestic violence lawyer can explain how the laws apply in your case and what your legal options are.

At the Law Office of Ramon de la Cabada, we’re dedicated to guiding each client through each step of the process. From explaining the charges to advocating for your rights in court, we’re ready to fight for you, challenge the evidence, and work toward the most favorable outcome possible. With over 34 years of legal experience, both in criminal defense and as a former prosecutor, our legal team has the skills and resources to defend you.

It used to be that if a victim of domestic violence did not wish to prosecute, the case would simply be dismissed by the prosecutor. That is no longer the case. Changes in the domestic violence laws since the early 1990s have resulted in law enforcement taking a more aggressive stance in the prosecution of these types of cases. Domestic violence divisions are now required within the prosecutor’s offices, and victims are encouraged to prosecute.

If the victim does not wish to testify, prosecutors may build cases that do not require testimony from the victim to proceed. Victims are often encouraged to file injunctions, which are civil orders to stay away from the alleged victim and places where the alleged victim may frequent, in addition to the stay-away order that the first appearance judge imposes in the criminal case. That injunction requires an appearance by the accused while the criminal case is ongoing. Reach out to a Miami injunction defense lawyer to learn more.

All of these issues create dangers for the accused, which require the immediate assistance of a domestic violence defense lawyer in Miami from the Law Office of Ramon de la Cabada.

Law Changes

Because of some high-profile domestic violence cases that led to horrific fatal results for the victims from defendants who had previous cases dropped by prosecutors, much well-intentioned focus was placed on revamping the laws. This resulted in domestic violence laws being changed throughout the country.

The intended results were to better train prosecutors with special skills for these types of cases and to empower police officers to make decisions at the scene of a domestic disturbance, which would protect a potential victim and diffuse an argument from escalating. But an unintended consequence was the clogging of the dockets with cases that are motivated by victims with an agenda.

The result of these law changes is a much more aggressive investigation and prosecution of domestic violence cases. In these cases, the investigative assistance of a Miami criminal defense lawyer can be an effective course of action.

Understanding Domestic Violence in Florida

Facing domestic violence charges in Florida can be overwhelming, especially because the law has specific definitions to carefully distinguish between different types of relationships.

Dating violence (§ 784.046) is kept separate from domestic familial relationships, and it only applies to people who are in a dating relationship. Grasping these distinctions is important for anyone facing domestic violence charges.

Some of the most important points to understand when it comes to domestic violence charges include the following:

• In Florida, domestic violence (741.28) includes assault, battery, stalking, sexual violence, or any criminal act committed between family or household members.
• Temporary injunctions can be granted for up to 15 days until a full hearing is held.
• Miami-Dade follows a no-drop policy, which means the state pursues charges even if the victims drop the charges or recant their statements.
• A no-contact order is an immediate pretrial condition under Florida law § 903.047 that prohibits any contact with the alleged victim unless modified by the court.

Knowing these points is crucial for anyone facing domestic violence charges in Miami. The Law Office of Ramon de la Cabada guides clients through these rules and pretrial conditions to safeguard their rights and develop a strong defense.

In 2020, there were 7,570 reported offenses related to domestic violence in Miami-Dade, including 5,080 reported simple assaults, 1,545 of which were by the spouse of the victim. In Miami-Dade, domestic violence cases are normally handled by the Office of Family Courts at 20 NW 1st Avenue, Miami, FL 33128.

Domestic Violence Charges & Their Penalties

In Florida, domestic violence charges can vary depending on the specific act that’s alleged and the relationship between those involved. Understanding the types of charges and their general consequences is very important when it comes to grasping the importance of your situation. Some key charges include:

• Battery (784.03) – This is physical harm or offensive contact against a family or household member. Typically, a first-degree misdemeanor battery is punishable by up to one year in jail, probation, and fines. However, if this is a repeat conviction, the charge can be upgraded to a third-degree felony, which could carry up to five years in prison.
• Domestic battery by strangulation (784.041(2)) – This is the use of manual force to restrict breathing or blood flow to the victim. This is a third-degree felony that’s punishable with up to five years in prison, along with probation and fines.
• Bodily harm to a child (741.283) – This involves causing injury while a child is present during the incident. This comes with mandatory jail time, up to 30 days, and the judge could also order probation, counseling, and no-contact conditions.

Penalties for domestic violence charges can range from misdemeanors to felonies, and they can have lasting effects on your criminal record, child custody matters, and your employment opportunities. The Law Office of Ramon de la Cabada works closely with clients facing domestic violence charges to navigate these issues and pursue the most favorable outcome possible under Florida law.

Law Enforcement

Because of heightened scrutiny in these cases, officers now have the ability to make an arrest, where in times past they might not have. Instead of walking away from a diffused situation, officers often arrest the accused, as opposed to risking potential liability from a situation that could escalate once they leave the scene. The consequence is more arrests.

Officers are also trained to make observations at the scene that could result in the prosecution of the case without the victim. If the victim chooses not to prosecute the case in the future, prosecutors look to the observations of the officers to try to build circumstantial cases without the need for victim testimony. The consequence of this is that cases that used to be routinely dismissed are now often prosecuted.

Pretrial Release, Stay-Away Orders, and Injunctions

When a person is accused of a crime, they can usually post bond with a bondsman without waiting to see a first appearance judge the morning after the arrest. In domestic violence cases, however, the accused can’t be released without first appearing before a judge, which means the accused must spend the night in jail.

One of the conditions of release is a court order to stay away from the alleged victim. If the accused violates the stay-away order, they are put back in jail and may not be released until the criminal case is resolved.

The accused could also face a request for a temporary or permanent injunction, also known as a restraining order. These are civil proceedings that often take place while the criminal case is ongoing, which means the accused often needs to waive their right to remain silent, which could affect criminal proceedings. If an injunction is ordered by the judge, a violation of the order is a new criminal case.

Hire a Domestic Violence Lawyer: Early Intervention After the Arrest

At the Law Office of Ramon de la Cabada, our violent crime lawyer in Miami can stabilize the situation and act as an intermediary to resolve the criminal case and avoid any violations of a stay-away order or an injunction. Your attorney can work to prevent the charges from being filed by providing pertinent information to the prosecutor.

Pretrial No-Contact Orders

A no-contact order under § 903.047 goes into immediate effect, prohibiting any form of communication, whether direct, indirect, or through third parties, with the alleged victim unless the court specifically modifies it. Violating these pretrial conditions is considered a first-degree misdemeanor, and the court could revoke your release, which can result in you being held in custody until a formal hearing is scheduled.

Civil Injunctions

Under § 741.30, a victim can request a civil injunction, which is often granted ex parte for up to 15 days before a full hearing takes place. While civil injunctions are related to criminal charges, they follow separate procedures and carry their own penalties.

Possible Outcomes & Diversion in Miami-Dade

For eligible first-time offenders, pretrial diversion programs could be an available option. These programs typically require the completion of educational classes, performing community service, or paying restitution. Successfully finishing the program can often lead to the charges being dismissed. In Miami-Dade, the Advocate Program works with the courts to provide guidance and oversight for diversion participants, offering a path to avoid a conviction on one’s record.

Can I Seal or Expunge a Domestic Violence Record?

Convictions for domestic violence offenses aren’t generally eligible for sealing or expunction under Florida law § 943.0584. However, cases that are dismissed or those that result in acquittal could qualify. An experienced Miami domestic violence attorney can work to ensure your record is sealed if the circumstances of your case allow.

Defense of Miami Domestic Violence Cases

Domestic violence cases often have 911 tapes, photographs taken at the scene, medical records of treatment, and reports from police officers and emergency medical personnel. Your Miami domestic violence defense lawyer knows to request such evidence. Some of the issues that should be reviewed in these types of cases include:

• The nature of the incident that led to the disturbance
• Why law enforcement arrived on the scene
• What law enforcement witnessed at the scene
• The extent of injuries
• Who witnessed the disturbance within the neighborhood
• Whether the complaints by the alleged victim at the scene are consistent with medical records
• Whether the injuries are from a previous condition
• Motive for fabrication by the alleged victim
• Tone of 911 call

Possible Defense Strategies Against Domestic Violence in Miami-Dade

When you’re facing domestic violence charges in Miami-Dade, our experienced legal team can work to uncover weaknesses in the prosecution’s case, ensuring your rights are protected at every stage. Each case is different, but our process remains the same, and it includes:

• Evidence review. We challenge the credibility of 911 calls, body-camera footage, CAD logs, medical records, and prior inconsistent statements.
• Injury analysis. We examine all alleged injuries and medical documentation to highlight inconsistencies or alternative explanations.
• Witness and third-party testimony. We use statements from witnesses or third parties to contradict or question the prosecution’s version of events.
• Order violation misunderstandings. We address situations where contact could have been misinterpreted or where a no-contact order was violated without intent.
• Self-defense/stand-your-ground. We explore the possibility that your actions were justified under Florida statutes § 776.012 and § 776.032, especially if you had reason to fear that harm was imminent.

By examining every piece of evidence and exploring every viable legal angle, we work to significantly strengthen your position before the court. At the Law Office of Ramon de la Cabada, we focus on developing defense strategies that match the realities of your case so we can help you move forward with clarity and confidence.

Arrest to First Court Appearance in Miami-Dade

Knowing what to expect after a domestic violence arrest can help you prepare for each stage of the process and underscore the importance of hiring an experienced domestic violence lawyer as soon as possible. Some key stages related to the arrest and first appearance process include:

• Detention. Those arrested for domestic violence are typically held in custody until their first court appearance.
• First appearance. A judge reviews the arrest and sets release conditions, most often including a no-contact order.
• Domestic violence court. Miami-Dade operates a dedicated Domestic Violence Court that handles thousands of cases each year. This ensures focused attention.
• DV drug court. For cases involving substance use, the DV Drug Court monitors compliance with treatment while the case proceeds.

Contact the Law Office of Ramon de la Cabada

The Law Office of Ramon de la Cabada is here to guide you through every step of this process, and we’re ready to position you for the strongest defense possible moving forward. Contact us today to schedule a free, confidential consultation with an experienced attorney who is fluent in Spanish and English.