Domestic Violence Defense Attorney Stuart, Florida
Episodes of domestic violence unfold in seconds but the emotional and physical toll it takes on both parties is seemingly endless. At The Law Office Denise Miller, PA, our domestic violence attorney in Stuart , Florida has more than twenty years of experience protecting the rights of those who are charged with physically harming a family member, and we can do the same for you.
Our calculated defense strategies have provided positive results for our clients for more than two decades, allowing those accused of domestic violence to move forward with their lives without these life-altering charges defining their futures.
If you have been charged with domestic violence, you are going to need an accomplished Stuart domestic violence lawyer to counter the accusations waged against you, and our firm can help lead the way in developing a positive legal resolution for your unique circumstances.
What Is Considered Domestic Violence In The State of Florida?
In the State of Florida, domestic violence is the act of physically harming a family or household member in the following capacity, including the actual or intentional:
- Touching or striking of another person without consent
- Causing of bodily harm to another person
The charges of domestic violence can include:
- Aggravated stalking
- Assault or aggravated assault
- Battery or aggravated battery
- False imprisonment
- Kidnapping
- Sexual assault or sexual battery
Domestic violence is only categorized as such by the Florida Legislature when the harm is imposed on a family or household member, which is defined as:
- Spouses or ex-spouses
- Individuals who are living together, or who have lived together
- Individuals related by blood or by marriage
- Couples who have a child in common, regardless of their marital status or if they have never lived together
The Florida statute specifically requires that the family or household members must live together, or have lived together in the past, except for those who have a child in common, for the charges to constitute domestic violence.
What Are the Consequences of Domestic Violence Charges in Stuart, Florida?
Domestic violence charges are far-reaching and are severe allegations that the Florida State Prosecutor’s office and judges take very seriously. Denise Miller, our Stuart domestic violence attorney also knows that these charges expand further than the courtroom, causing irreparable damage to your professional and personal life.
The consequences of domestic violence in Stuart, Florida can include, but are not limited to:
- Application of a no-contact order
- Mandatory education, intervention program
- Probation
- Loss of civil liberties, including the ability to purchase or carry a firearm
- Professional license revocation
- Community service
- Permanent charge on your criminal record, which cannot be expunged in certain cases
- Interference with child custody rights
- Mandatory jail time in certain bodily injury cases
Domestic violence charges require an accomplished defense to achieve success inside and outside the courtroom. The prosecutor and court officials are not going to have sympathy for an alleged abuser.
It is up to our legal team to provide the best defense available, so you can be heard, and receive a fair trial — should the charges make it into a courtroom. As your domestic violence attorney in Stuart, Florida, our goal will be to have the charges dismissed or minimized to provide the best outcome available for your case.
How Will Denise Miller Defend Me Against My Accuser And The Prosecutor?
Your domestic violence defense requires dynamic resources, knowledge, and a deliberate approach to disputing the incident with precise legal maneuvering that is backed by over twenty years of our Stuart Domestic Violence lawyer’s courtroom litigation experience.
We will thoroughly examine each aspect of the charges filed against you, including the incident, the arrest, and the testimony supplied by your accuser.
To counter these charges, we will:
- Introduce facts that dispute the allegations
- Reference the absence of injuries
- Explain the alleged dispute is not corroborated by other evidence
- Produce evidence of a vindictive victim or false reporting
- Apply a self-defense, defense of others, or defense of property justification
- Employ Florida’s Stand Your Ground Laws
- Argue consensual confrontation or mutual combat
Each domestic violence case is unique, as is the relationship and the circumstances surrounding the incident. Our Stuart domestic violence lawyer will investigate your complete case to ensure no detail is overlooked in providing the best defense available for your charges.
Why Should I Hire A Domestic Violence Attorney in Stuart, Florida?
Domestic violence is a very sensitive topic throughout the country, and the charges invoke emotional responses from all sides of the courtroom. Without an accomplished Stuart domestic violence attorney by your side, the prosecutor will do their very best to bully you into accepting charges that are unnecessary and over-reaching just to expand their positive numbers. They do not care about your permanent record, or what these charges mean to your future. We do.
Our process will begin by contacting the prosecutor’s office to initiate formal discussions that are in your best interests. And although the victim may have a no-contact order in place, which means you cannot speak with him or her directly, our Stuart domestic violence lawyer has the right to discuss the case with that person openly, which may result in dropped or lessened charges.
Our Stuart domestic violence lawyer will use every resource, legal tactic, and accomplished defense practice available to deliver results in your case.
Call The Law Office of Denise Miller, PA in Stuart, Florida For A Free Case Review
If you have been charged with domestic violence, you know how serious the fallout is, and you will need professional help to generate a proper defense that will deliver solutions — instead of a conviction. Contact our experienced domestic violence lawyer in Stuart, Florida today at 772-934-6007 and learn how The Law Office of Denise Miller, PA can take your defense to the next level of success.
The sooner you hire a Stuart domestic violence attorney, the better. Our early intervention into your case will help produce results quickly and efficiently, so you can put these charges behind you and move forward with your life.
At Law Office of Denise Miller, our criminal and family law firm in Stuart, FL focuses on the following practice areas:
Family Law, including:
- Child Custody
- Child Support
- DCF/Dependency cases
- Divorce
- Paternity
- Post Judgment Modifications
- Spousal Support
Criminal Defense, including:
Domestic Violence in Florida: Frequently Asked Questions (FAQs)
How Can a Domestic Violence Attorney Help Me?
A domestic violence attorney can provide legal representation and guidance throughout the legal process. They can help you obtain protective orders, assist with filing criminal charges, advocate for your rights in court, and offer advice on how to navigate the legal system. An attorney can also help you understand the implications of any decisions you make and work to ensure your safety and well-being.
What is a Protective Order, and How Do I Obtain One?
A protective order, also known as a restraining order, is a legal document issued by the court that prohibits the abuser from contacting or approaching you. To obtain one, you will need to file a petition with the court detailing the abuse and your need for protection. Your attorney can assist with this process, ensuring that your petition is properly filed and supported by evidence.
Can I Press Charges Against Someone Who Has Abused Me?
Yes, as a victim of domestic violence, you have the right to press charges against your abuser. The decision to pursue criminal charges is ultimately made by the state attorney's office, but your involvement and testimony are crucial to the process. An attorney can help you navigate this process and provide support throughout.
What Evidence is Needed to Support a Domestic Violence Case?
To support a domestic violence case, evidence can include medical records documenting injuries, photographs of physical harm, police reports, witness statements, and any communications such as threatening texts or emails. An attorney can help you gather and organize this evidence to build a strong case.
What is the Difference Between a Restraining Order and a No-contact Order?
A restraining order (protective order) is a legal order issued by the court that prohibits an abuser from contacting or approaching the victim. A no-contact order is a specific type of restraining order that may be issued as part of a criminal case, often mandating that the defendant have no contact with the victim during the legal proceedings. Both are designed to protect the victim, but they may have different legal implications and conditions.
How long does a domestic violence case typically take to resolve?
The duration of a domestic violence case can vary based on factors such as the complexity of the case, the court's schedule, and whether the case is resolved through a plea agreement or goes to trial. Your attorney can provide an estimate based on your specific situation and help you navigate the legal process.
