Domestic violence charges in miami
May 18, 2015
Were you recently arrested for
domestic violence in Miami? In Florida, “domestic violence” refers to any type of an
assault or aggravated assault, battery or aggravated
battery, sexual assault or
sexual battery, stalking or aggravated stalking, or any other offense which results in injury or death of a household or family member by another who is living at the same residence.
According to the Eleventh Judicial Circuit of Florida, on average over 5,000 misdemeanor domestic violence and injunction violation cases are filed each year in Miami-Dade County. That said, the State Attorney’s Office has a “no-drop” policy when it comes to domestic violence cases and therefore proceeds with or without the victim.
How a domestic violence case proceeds:
- Florida law mandates that all individuals arrested for domestic violence be held overnight.
- The defendant attends a bond hearing. The court shall determine the custody status and release conditions.
- The court imposes a Stay Away order which prohibits direct or indirect contact with the victim.
- The defendant attends an arraignment and pleads guilty, not guilty, or no contest to the charges.
- The State’s Attorney’s Office may offer pretrial diversion, which is a referral to a batterer’s intervention program, parenting classes, substance abuse treatment, and/or mental health counseling.
- Sounding, otherwise known as a “calendar call” for trial to see if both sides are ready to proceed.
- Next comes the trial. If the defendant is found not guilty, the court shall enter a judgment of acquittal. If found guilty, the defendant receives a minimum mandatory sentence of 12 months reporting probation, as well as special conditions such as a parenting course, court fines, and mental health counseling.
- The case is monitored through a judicial review, which keeps judges informed and ensures that offenders are held accountable.
- If a defendant does not comply with their probation requirements, an arrest warrant will be issued and they will have to attend a probation violation hearing.
Victims Can Seek Restraining Orders
A domestic violence victim has the right to seek an injunction, otherwise known as a “restraining order” against the person who is being physically abusive.
If a judge approves a temporary injunction, then a permanent injunction may be later ordered. Permanent injunctions are usually good indefinitely, or until they are dissolved by the court.
Looking for a Miami domestic violence attorney to defend you against criminal charges? Protect your rights and your future by contacting Donet, McMillan & Trontz, P.A. today!
