Miami Criminal Defense Attorney

Miami Domestic Violence Attorney

Have You Been Charged, Accused, or Arrested? Call (305) 374-6683.

Included in Florida's List of Top 100 Trial LawyersDomestic violence charges include any battery or assault between family members or persons romantically involved, violations of injunctions or stay away orders, as well as charges related to stalking. Quite frequently, alleged victims of domestic violence decide that they do not want to press charges and wish to drop the case. Persons accused of domestic violence often believe that because of this, they do not need a Miami domestic violence attorney. Nothing could be more incorrect.

Prosecutors regularly ignore the wishes of the victims in domestic violence-related offenses due to public policy concerns of preventing future violence, and a belief that the victims are usually financially dependent upon the alleged abuser. Special exceptions in the rules of evidence allow prosecutors to use 911 calls at trial as a substitute for the victim's in court testimony if the victim becomes uncooperative.

If you are facing charges for domestic violence, get the defense you need by contacting our firm today.

What is Considered Domestic Violence?

Under Florida law, domestic violence is defined as aggravated assault or battery, assault or battery, stalking, aggravated stalking, sexual battery, sexual assault, false imprisonment, kidnapping or any other offense that results in physical injury or death. Domestic violence is any of these offenses when they are committed against a household or family member by a household or family member.

A household or family member includes:

  • Persons related by marriage or blood
  • Current or former spouses
  • Parents who have a child in common
  • Persons that reside together currently or formerly as a “family”

Penalties for Domestic Violence in Florida

The penalties for domestic violence include:

  • One year’s probation
  • Batterers’ intervention program

The batterers’ intervention program is imposed by the court unless they state why they believe the program would not be fitting.

If the domestic violence involved intentionally inflicting bodily harm, you must serve five days in county jail minimum unless a non-suspended period of incarceration in a state correctional facility is part of your sentence.

A Closer Look at this Serious Offense & Sentencing in Florida

A person accused of even misdemeanor domestic violence charges cannot get out of jail until he or she first appears before a judge. This is true even if the person has a bail amount already set in their case. Judges often require the accused to be placed under house arrest with a GPS ankle monitor for the duration of the criminal case. In all domestic violence cases, the judge issues a "no contact order" to prevent the defendant from communicating with or physically approaching the alleged victim for the entirety of the criminal proceedings.

Frequently, these types of cases are accompanied by a separate civil injunction if the victim chooses to pursue an additional layer of protection from the courts. Domestic violence injunctions may be secured by an alleged victim of domestic violence even if there is no police involvement between the victim (called the petitioner) and the accused (called the respondent).

Domestic violence criminal charges and civil injunctions carry severe consequences, such as:

  • Job loss, especially if you are a government employee or hold any state or federal licenses, or security clearances
  • Immediate loss of rights to possess or purchase firearms
  • Serious immigration consequences, including deportation
  • Domestic violence convictions cannot be sealed or expunged

A misdemeanor domestic violence battery conviction can result in:

  • Up to a year in jail
  • A year of probation
  • Intense 6-month anger management program called Batterer's Intervention Program (BIP)

Put 18 years' Experience on Your Side

Attorney Thomas Mote has more than 18 years of experience as a Miami domestic violence lawyer and has successfully assisted thousands of persons accused of criminal charges and civil injunctions related to domestic violence. Thomas Mote has the skills and experience necessary to protect your rights and defend your case.

Facing charges for domestic violence? Contact us at (305) 374-6683 to schedule a case consultation today.

Perfect 10/10 Superb Avvo RatingTop 10 Attorney by Attorney and Practice MagazineLawyers of Distinction

Why Hire Thomas W. Mote, II PA

  • Over 18 years' Experience

  • Focused on Criminal Defense

  • Fluent in Spanish

  • Dedicated to Fighting for Your Rights