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Domestic Violence

Domestic violence carries a certain stigma in the public eye, especially those who experience it or have been falsely accused of it. Fortunately, most individuals do not engage in this behavior.

Domestic violence, according to Florida Domestic Violence statutes means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Domestic violence is not the same as harassment.  Domestic violence and abuse involve family members or intimate partners, while harassment involves similar actions between neighbors, co-workers, or business partners.

How Domestic Violence Lawyers Help Those Accused

Being accused of committing domestic violence against your spouse, significant other, or ex is a serious allegation. Domestic violence crimes carry heavy punishments and fines and can drastically affect your life. You could lose child custody, access to your home or business, or be prohibited from seeing certain members of your family.

An adept domestic violence offense attorney can build a case to combat a domestic violence arrest and help you clear your name. If you’ve been accused of domestic violence and would like to strongly defend against the accusations, don’t delay in preparing your defense.

The Miami, FL domestic violence allegations professional at LUNALAW, PLLC can do the following to help with your misdemeanor, felony, stalking, and other alleged criminal charges.

Educate You On Your Rights

Law enforcement strives to protect us, but they can be mistaken during the heat of an emotional confrontation. If you are arrested, anything you do or say can be used against you in court. You may feel you are helping yourself by answering the police officer’s questions, but it’s your right to have a lawyer present. A domestic violence charge attorney can protect you during police interrogations.

Seek A Reduction in Your Charges

Domestic violence charges could ruin your life, so skillful attorneys do whatever they legally can to have your charges dropped or reduced as soon as possible. Many criminal defense attorneys have had cases dismissed based on a lack of evidence or a violation of rights. Many domestic dispute defendants are first-time offenders who don’t have a record or may have never been arrested before.

These cases can appear lengthy and tedious, and many defendants report growing weary and stressed throughout the process. One of the most important things you can do when facing a domestic violence arrest is contact a proactive attorney, like LUNALAW, PLLC as soon as possible.

Prepare Your Defense

If you’ve been unsuccessful in having your charges dropped and the case is going to move forward, your attorney can explain your options, negotiate a plea agreement, or defend you at trial.

It’s also extremely important that your representation speaks clearly and candidly about your case. The domestic violence attorney at LUNALAW, PLLC can tell you about the potential consequences of an arrest/conviction and advise you about which route presents the best possible outcome of your domestic violence charges.

Restraining Order Defense

Restraining orders can force you out of your home and make moving on from your domestic abuse situation very difficult, especially if you live or work within 50 or 100 yards of the protected individual.

Restraining orders will also impact how often and in what circumstances you can see your children. If the alleged victim is seeking a restraining order, speak with a criminal defense attorney right away.

Cyber Crime Defense

According to 2021 Florida Statutes, an alleged victim may have you arrested for aggravated stalking based on things you’ve said online. Working with a dedicated attorney like Hernan Luna, can help you provide evidence of doubt for the charges brought against you.

Criminal Orders of Protection

It’s pivotal to go over your orders of protection carefully with your defense counsel. Following them to the letter can help you avoid a criminal record.

Technical violations of criminal orders of protection, where a client contacts the victim in some manner that violates the terms of an order of protection, often occur. However, a defense attorney will work to keep you out of jail in such a situation.

Violation of a protective order is a serious allegation. No matter how tempting it may be to contact the victim while your case is pending, the order of protection is temporary, and your defense attorney can help you practice patience.

Represent You In Court

Choosing the right attorney when you go to court can make a big difference in your legal issues. Miami domestic violence lawyers can represent you in court, taking a huge load off of the accused’s shoulders.

Domestic violence attorneys can challenge restraining orders against you that prevent you from seeing your children and family members. Domestic violence is an emotionally charged issue. Contacting a domestic violence lawyer can help the accused take the first steps toward clearing their name legally.

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