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Domestic Violence Lawyer Miami

Domestic Violence Lawyer in Miami

What Is Considered Domestic Violence by Law in Florida?

In Florida, domestic violence is described as a pattern of abusive behaviors adults use to maintain control and power over former and current intimate partners. Those who engage in domestic violence often use several tactics to frighten, coerce, threaten or intimidate their victims.

Domestic violence accusations are taken seriously in Miami-Dade County and the entire state of Florida. If you are a domestic abuse victim, you have rights, and it is recommended that you seek legal advice in these situations.

What Criteria Have To Be Met for It To Be Deemed Domestic Violence?

According to Florida’s legal definition, “domestic violence” is used to describe any of the following actions:

  • Assault
  • Battery
  • Aggravated assault
  • Aggravated battery
  • False imprisonment
  • Kidnapping
  • Stalking
  • Sexual assault
  • Aggravated stalking
  • Aggravated sexual assault

It is also used to describe any criminal offense that results in the death or physical injury of a household or family member by another household or family member.

When Should You Contact a Domestic Violence Lawyer?

If you were hurt or threatened in a domestic violence situation, whether it’s an ongoing or a one-time incident, contacting an attorney can be beneficial. Domestic violence law can be a complex topic and having a legal professional who is knowledgeable about the law can be invaluable.

If you have experienced domestic abuse in the form of physical abuse, emotional abuse, verbal abuse or threats of violence, there are several ways a lawyer can help. These include the following:

  • Help you file a domestic violence injunction
  • Help gather evidence to support the domestic violence charge
  • Provide advice and guidance about your case

The attorney you hire to help with your domestic abuse case is an invaluable ally that will help you get the justice you deserve.

What Are the Different Types of Domestic Violence Crimes?

Domestic violence can occur in many ways, including the following:

  • Physical violence. This includes any act that causes physical harm due to unlawful physical force. It can be assault, manslaughter and deprivation of liberty.
  • Sexual violence. This includes a sexual act performed on someone without their consent. This includes sexual assault and rape.
  • Psychological violence. Any act that results in psychological harm to someone, including verbal insults, harassment, defamation and coercion.

What Are the Effects of Domestic Violence?

Survivors of domestic violence may experience ongoing issues and challenges related to enduring emotional, mental and physical abuse. It often takes survivors time to adjust to living in a safe location and environment. This is especially true for situations where the perpetrator was extremely violent or if they committed the abuse over an extended period of time.

Even though addressing the pain can be difficult, the healing process is important and can help domestic violence survivors develop new strength and learn how to live without fearing for their safety.  

There are also several physical effects of domestic violence, such as sprained or broken bones, bruises, marks on the neck, muscle tension, shortness of breath, fatigue and more. The victim may also experience mental issues after the violence, including depression, anxiety, PTSD, suicidal thoughts, low self-esteem, drug abuse and alcohol abuse.

There is no way to know how domestic violence will affect someone. Each person is unique, and therefore the effects of this violence are different in every situation.

What Are the Penalties for a Domestic Violence Conviction?

In Florida, domestic violence can be charged as a misdemeanor or a felony. The charge is related to the conduct in question and how severe the offense was. Usually, the prosecutor will determine the charges based on the situation and facts provided by the domestic violence victim and witnesses.

Since many different crimes can be considered domestic violence, the possible penalties will vary based on the offense.

Some of the potential penalties that a domestic violence conviction comes with include the following:

  • For cases of assault, a person can face second-degree misdemeanor charges that carry penalties of up to 60 days in jail and fines of up to $500.
  • For cases of battery and stalking, a person can face first-degree misdemeanor charges that carry penalties of up to one year in jail and fines of up to $1,000.
  • For cases of aggravated assault, false imprisonment and aggravated stalking, a person can face third-degree felony charges that carry penalties of up to five years in jail and fines of up to $5,000.
  • For aggravated battery cases, a person can face second-degree felony charges that carry penalties of up to 15 years in jail and fines of up to $10,000.
  • For cases of kidnapping  and sexual battery, a person can face first-degree felony charges that carry penalties of up to life in jail or up to 30 years in jail and fines of up to $10,000.

Along with the potential penalties mentioned above, a domestic violence conviction may also result in probation, completion of a batterer’s intervention program and a minimum of 10 days in jail for a first offense, which increases with any subsequent offense.

As an experienced civil law firm, Peak Legal Firm is here in the Miami area to serve and assist you with your legal needs. We understand the gravity of your situation and are committed to helping you understand the charges you are facing, as well as prepare you for a strong defense on your behalf.