Domestic Violence Defense Lawyer in Miami, South Florida
Are you looking for a domestic violence defense attorney in Miami? If so, Borras Law Firm can help! The general public is now more conscious about domestic violence and the State of Florida along with Florida law, is very serious about arresting and prosecuting individuals accused of domestic violence.
When the police receive a report of domestic violence they will almost always make an arrest even if the complaining party expresses a desire not to press charges. Once the arrest is made, it is up to the State of Florida, through the Office of the State Attorney, to make a decision as to whether to bring formal charges or dismiss the case. The desire of the complainant is typically important but not necessarily controlling as to whether the case will proceed. In fact, in Florida, some convictions have even been upheld when the “victim” or complainant failed to appear in court to testify against the defendant, but the State was able to prove its case by other means.
What is Domestic Violence?
Florida law classifies various criminal offenses under the general category of domestic violence, including:
- Domestic battery and aggravated battery
- Domestic assault and aggravated assault
- Kidnapping and false imprisionment
- Elderly Abuse
- Harassment, stalking, and aggravated stalking
- Restraining order and no-contact order violations
- Sexual battery, rape, and other sex offenses
- Any criminal offense resulting in physical injury or death of one family or household member by another family or household member
We Service The greater Miami area including Dade County, Broward County and Palm Beach County..
Domestic Violence in Florida – Legal Consequences and Defense
Domestic violence penalties can be severe and devastating. Being found guilty of domestic violence carries serious legal consequences and may have a ripple effect on other issues such as child custody disputes, injunctions, pending divorces and even on your social and professional life.
The penalties you could face if found guilty of domestic violence include jail time, restrictive probation or community control, participation in Batterers Intervention Programs and revocation of your concealed weapons permit. Also, you will likely not be allowed to seal or expunge that arrest even if the judge withholds adjudication. It is important to note that if you are not an American citizen and are convicted of domestic violence, the conviction can be used against you as grounds by the Immigration and Customs Enforcement (ICE) to have the defendant expelled from the United States.
Oftentimes, the alleged victim also files a civil petition seeking an injunction. This is a separate civil proceeding in which the complainant seeks to have a restraining order entered against the accused regarding contact, communication or other matters. There can be serious legal ramifications against someone if a restraining order is entered against them. In addition, it is important to realize that Fifth Amendment privileges against self incrimination do not apply to these proceedings and a defendant who testifies in such a civil proceeding can have their testimony used against them in another criminal proceeding. Therefore, it is important that your domestic violence attorney knows how to handle, strategize and defend both types of cases.
Defenses for a domestic violence charge can be challenging. The Borras Law Firm is here to defend and assist individuals against domestic violence charges.
Have You Been Accused of Spousal or Child Abuse?
If you’ve been accused of domestic violence, then you should be aware that an injunction for protection against domestic violence, commonly known as a “restraining order,” has serious consequences that may affect your employment applications, your professional licenses, your ability to join schools or the military, and your ability to purchase and possess weapons and ammunition. A restraining order may also restrict and limit your access to your minor children and may negatively impact your divorce or child custody case if one is pending. If you’re an undocumented worker, you may be deported, or if you’re a resident alien, your application for citizenship may be affected. It’s why you need an experienced Domestic Violence Defense Lawyer who would understand your situation, search for every piece of evidence that might help your case, and aggressively fight for you in the court of law. Contact the Law Offices of James E. Borras today.
Let Me Help You
Serving clients in Boward County, Dade County, Palm Beach County and throughout the greater South Florida area
7620 sw 8th Street
Miami, FL 33144