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Trial lawyers in Miami for domestic violence defense

Being accused of committing an act of domestic violence is a serious legal problem. Even in a misdemeanor charge, the consequences of a conviction can be life-changing. If you are facing a charge in a misdemeanor or felony domestic violence case, it is imperative to be represented by a domestic violence attorney in Miami with a track record of success in court 

Types of domestic violence charges in Miami

Domestic violence charges involve any crime, including assault, battery, stalking, false imprisonment, or other offense that harms a family member or living in the same household. The types of crimes falling under the legal umbrella of “domestic violence” include:

  • Sex crimes
  • Assault
  • Battery
  • Stalking
  • Aggravated assault
  • Sexual assault
  • Sexual battery
  • Kidnapping
  • False imprisonment

Miami domestic violence statistics

Miami–Dade County continues to face a significant domestic violence challenge:

  • In 2022, the county recorded a rate of approximately 274.6 domestic violence incidents per 100,000 residents, up from 254.2 in 2021, a 9.7% increase, according to the 2023 Status of Women Report.
  • Women make up the overwhelming majority of victims—72–73% of those affected—consistent over recent years.
  • Nearly 3.3 million children nationwide witness domestic violence each year, many of them in Florida, exposing them to greater risks of abuse. 
  • Intimate partner violence accounts for 15% of all violent crime in the county. 

These sobering statistics underscore the urgent need for legal advocacy, community resources, and systemic responses to protect survivors and their families in Miami–Dade.

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Situations that may result in domestic violence

Domestic violence charges can arise from a wide range of situations—some involving serious harm, others stemming from misunderstandings, false accusations, or heated arguments. In Florida, even minor incidents can lead to arrest, especially if law enforcement believes someone is in danger. Knowing how these situations unfold is key to protecting your rights.

Common scenarios that may lead to domestic violence charges include:

  • Heated verbal arguments that escalate in front of others
  • Physical altercations between spouses, partners, or family members
  • Allegations made during a breakup, separation, or divorce
  • Disputes over child custody or visitation
  • One partner calling the police out of fear or retaliation
  • Injuries resulting from mutual or accidental contact
  • Alleged threats made via text, phone, or social media
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What to expect if you are accused of domestic violence?

In many cases, the charges begin with a 911 call. Law enforcement is dispatched to your home. Under Title XLIII, Chapter 741 of the Florida Statutes:

“Whenever a law enforcement officer determines upon probable cause that an act of domestic violence has been committed within the jurisdiction the officer may arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not require consent of the victim or consideration of the relationship of the parties.”

If law enforcement officers believe an act of domestic violence has occurred, you will be arrested and transported to the police station, booked, and placed in a holding cell, awaiting transfer to county jail. You will not be released until bail has been set, which may not occur for a day or two, based on the time and day of the week you were arrested. 

Once bail is set, you will face other restrictions, including being restricted from entering your home, and will be forced to seek a place to stay while the case plays out. Your first step, once you have been booked, is to contact a lawyer. Don’t answer questions, try to defend yourself, or offer any information to “friendly” law enforcement officers. Your attorney from Correa & Martinez Trial Lawyers will represent you at your bail hearing, arraignment, and all other appearances, protecting you from the force of the criminal justice system – and we know what to do.

What are the penalties for domestic violence charges?

If you are convicted of a domestic violence offense, you will face heavy penalties based on the facts in the case. The penalties imposed by the court could include:

  • Mandatory counseling
  • Fines, court costs
  • Incarceration in county jail or state prison
  • Legally restricted from entering your own home
  • Legally restricted from contacting your children
  • For immigrants – the risk of deportation
  • A permanent criminal record
  • Loss of the right to carry a concealed weapon
  • Mandatory jail time if you are accused of inflicting injuries
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Domestic violence battery charges in Miami

Domestic violence battery is a first-degree misdemeanor and one of the most commonly charged domestic violence offenses. The offense comes with a penalty of up to one year in jail and fines of up to $1,000. Even a first-time offender can face at least one year on probation for a conviction. 

Defenses for domestic violence charges in Miami

In our country, you are innocent until proven guilty. While this concept is fundamental in our system, after an arrest for a domestic violence offense, you likely won’t feel that way. You will be booked, fingerprinted, photographed, and placed in custody, awaiting arraignment and a bail hearing. Don’t take chances by trying to tell your side of the story – this can only damage your case.

Exercise your right to remain silent and your right to an attorney, and call Correa & Martinez Trial Lawyers immediately. The defenses that could be effective in these cases include:

  • False accusations – the incident didn’t occur.
  • Self-defense – the other party physically attacked you.
  • Defense of property – you were protecting your own property in the incident.
  • No evidence – no evidence supports the allegation of domestic violence.
  • No injuries – the individual does not have any injuries.
  • Stand your Ground – in Florida, you have the right to protect yourself and your property.
  • Spite – A false accusation may come from a vindictive relationship partner.

‘Stand Your Ground’ Florida Law 

Florida’s “Stand Your Ground” law can play a crucial role in domestic violence cases, particularly when one party uses force to protect themselves from serious harm. The law allows individuals to defend themselves without a duty to retreat—even in their own home—if they reasonably believe they are in danger.

These cases can be emotionally charged and legally complex. At Correa & Martinez, our attorneys understand how to apply Stand Your Ground protections in domestic violence situations. We work to ensure your side of the story is heard and your rights are fully protected under Florida law.

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Know Your Legal Rights in a Domestic Abuse Case

If you’ve been charged with domestic violence in Florida, the consequences can be serious, affecting your reputation, freedom, and future. But being accused does not mean you are automatically guilty. You have legal rights, and understanding them is the first step toward protecting yourself.

Here are key rights you should know:

  • The right to remain silent and avoid self-incrimination during police questioning
  • The right to an attorney—you should contact a qualified defense lawyer immediately
  • The right to a fair trial, including presenting evidence and challenging your accuser’s claims
  • The right to know the charges against you, including access to all evidence and police reports
  • The right to request modifications to restraining orders or contact restrictions in certain circumstances
  • The right to seek dismissal or reduced charges if there is insufficient evidence or if your rights were violated
  • The right to challenge the use of Florida’s “Stand Your Ground” law if it applies to your situation
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Client Testimonial

Everyone in the office is very helpful and attentive. They were on top of my needs and helped along each step of the way. Mr. Martinez was accessible to answer any questions I had.

M.M.

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Why choose Correa & Martinez to handle your domestic violence charges in Miami?

At Correa & Martinez Trial Lawyers, we are aggressive advocates for those accused of domestic violence. We are seasoned trial lawyers who are professional, confident, and well-prepared in court. We are proud of our many positive verdicts in challenging cases. Our trial attorneys are always available to meet with you to discuss your case. Your future freedom, reputation, and, for immigrants, your right to live in the USA are all at stake. As a boutique law firm, we operate differently than the larger Miami law firms, offering the highest level of personalized care. We take pride in providing defense counsel in both English and Spanish to better serve the diverse Miami community. For top-tier legal counsel to defend against such accusations, you can trust that a Correa & Martinez domestic abuse attorney in Miami will go the distance for you.

Attorney Roberto Pardo writing on a document

Our criminal defense lawyer for domestic violence cases: Roberto Pardo

Attorney Roberto Pardo is a former Assistant State Attorney with extensive experience at trial – from both sides of the aisle. He is an accomplished criminal defense attorney with a reputation for excellence at trial. His background serving as a prosecutor provides him with insight into how the prosecutor thinks and what to expect, allowing him to craft a powerful defense. Mr. Pardo takes a personal interest in every client he represents and is honored to be trusted to seek the most favorable outcome possible. 

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Domestic Violence FAQs

How do domestic violence cases differ from other types of criminal cases?

What should I do if I’m accused of domestic violence?

Will a lawyer actually help my case?

What types of protection orders are there for domestic violence cases?

Why can’t the victim have the domestic violence charges dropped?

How do domestic violence cases differ from other types of criminal cases?

Domestic violence cases often involve individuals in a close relationship, such as spouses, partners, or relatives. These cases are handled with heightened urgency and can include immediate no-contact orders, even before a trial. Prosecutors may pursue charges even if the alleged victim does not want to press them, and the emotional and legal dynamics are often more complex than in other criminal matters.

What should I do if I’m accused of domestic violence?

Do not contact the alleged victim or try to explain yourself to the police. Instead, speak with a criminal defense attorney as soon as possible. A lawyer can guide you through the legal process, ensure your rights are protected, and help you avoid making statements that could harm your case.

Will a lawyer actually help my case?

Yes. A defense attorney at Correa & Martinez can evaluate the facts, question the credibility of the allegations, and represent you in court. They may be able to get charges reduced or dismissed, or secure a resolution that avoids jail time, such as a diversion program or counseling. Trying to navigate the system without legal representation puts you at a serious disadvantage.

What types of protection orders are there for domestic violence cases?

Florida courts can issue temporary or final injunctions for protection. These may prohibit contact with the alleged victim, require you to leave your home, or restrict access to firearms. Violating an injunction is a separate offense, so understanding the terms is essential.

Why can’t the victim have the domestic violence charges dropped?

In Florida, once charges are filed, only the prosecutor has the authority to drop them. Even if the victim recants or wants the case dismissed, the state may continue prosecution in the interest of public safety. A defense attorney can still present evidence that challenges the charges and may influence the prosecution’s decision.

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