False or exaggerated charges of domestic abuse are all too prevalent when it comes to accusations of domestic violence. The individual making the accusation may be perplexed, enraged, or seeking vengeance. Anyone making a false accusation can influence the criminal justice system. Just because you’ve been arrested for domestic violence does not indicate your case will be pursued successfully. Prosecutors sometimes struggle to prove their case beyond a reasonable doubt at trial. As a result, if you want to engage a criminal defense attorney, do it as soon as possible once the charges are made against you.
Being accused of domestic violence may harm your career and reputation. Even if you are innocent, you might face immediate repercussions including a restraining order, eviction from your home, and no contact with your children. The criminal defense attorneys at Marrero, Serrano, Farah Law, LP, work hard to persuade the prosecutor to dismiss the charges as soon as possible in domestic violence cases in Miami, FL so that any record of the arrest or prosecution can be erased.
Florida Domestic Violence Laws
Domestic violence laws in Florida are thorough, covering everything from how first responders assist victims of domestic abuse to a mandatory prison term for anybody convicted of willfully harming another person during a domestic violence event.
Assault or battery, aggravated assault or battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death engaged by a family or household member against another family or a household member are all considered domestic violence in Florida.
Any of the following people are considered “family or household members”:
- Marriage partners/spouses
- Marriage partners/spouses Blood relation
- Persons who are now or formerly live together as if they were a family, or parents who share a child, irrespective of whether they were ever married.
To be deemed a family or household member under Florida law, the individuals must now or previously have resided in the same single housing unit, except parents who share a child. (Florida Statute 741.28)
A defendant convicted of domestic violence must serve at least one year on probation, during which time he or she must participate in a batterers’ intervention program. Unless the court indicates on the record why it considers the batterers’ intervention program is not suitable, the court must impose it as a condition of the defendant’s probation.
Unless the defendant’s punishment includes a non-suspended period of incarceration in a state correctional facility, anyone guilty of a domestic violence offense involving the intentional infliction of bodily harm on another person must end up serving a minimum of five days in the county jail. (Fla. Stat. 741.281, 741.283).
Contact our Florida Domestic Violence Attorney
If you are currently facing domestic violence charges or are a victim, please contact Marrero, Serrano, Farah Law, LP, to schedule a free consultation with an experienced Miami domestic violence defense lawyer. We are committed to providing you with the finest quality, most effective, and aggressive representation possible and we will fight for your rights and future at any cost.