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A domestic violence accusation can change your life forever. Not only does it have long-term, life-altering consequences when not properly defended but there are immediate impacts that could alter your life before you even have a chance to mount a defense.
What may start as a heated argument can quickly spiral into a legal nightmare, especially if someone calls 911. Once law enforcement is involved it often leads to charges of domestic violence battery, a misdemeanor in Florida, with the ripple effects of these accusations quickly turning into a wave.
Stay Away Orders After Florida Domestic Violence Battery
When charged with domestic violence battery in Florida, one of the first repercussions is the “stay away order.” This court order often forces the accused to vacate their home and maintain a distance from their partner and children if they live in the home.
Imagine the turmoil: not only are you suddenly facing criminal charges, but you might also be barred from your own residence, separated from your family, and cut off from your support network. The psychological and emotional toll of such an order cannot be overstated, especially when it happens at a time when you need that support the most.
The Domino Effect: Injunctions and Civil Consequences
A criminal charge of domestic violence can trigger further civil actions, including an injunction for protection against repeat violence or for civil damages resulting from the alleged incident. And it typically prohibits possession of any firearms, requiring them to be surrendered to the nearest police department immediately. An injunction is a civil matter, but its consequences can be severe and hard to recover from if successful.
If granted, an injunction could lead to the accused being forcibly removed from their home, even if they weren’t initially removed during the criminal case. This legal tool is often a precursor to more significant family law issues, such as divorce proceedings, and can affect custody and visitation rights—which showcases the importance of working in tandem with both a family law attorney and a Miami criminal defense attorney.
In Miami-Dade County and other Florida jurisdictions, the “unified family court” system consolidates all civil matters related to a domestic violence case under one judge. While this system is designed to streamline the legal process, it also means that the outcome of your criminal case could directly influence related civil matters like custody, divorce, and injunctions. The stakes couldn’t be higher.
The Importance of a Unified Defense Strategy
Given the intertwining of criminal and civil consequences in Florida domestic violence cases, it is crucial to have a coordinated defense strategy. This is where a collaboration between criminal defense attorneys and family law attorneys becomes invaluable.
As a staunch criminal defense attorney, I focus on defending against criminal charges. At the same time, I work closely with experienced family law attorneys in that practice area who can navigate the complex web of civil matters that often arise in these situations. This partnership ensures that your rights are fully protected on all fronts.
Don’t Face Florida Domestic Violence Accusations Alone
If you’re facing accusations of domestic violence in Florida, it’s important to act quickly and decisively to defend your rights and your freedom. The legal system can be unforgiving, and the consequences of a conviction or an unfavorable civil ruling can be devastating. By partnering with a skilled criminal defense attorney and an experienced family law attorney, you can ensure that your rights are vigorously defended and that you have the best possible chance of achieving a favorable outcome.
Don’t let a single moment define your future. Contact my office today to discuss how we can build a strong defense together, protecting both your freedom and your family.
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