DOMESTIC VIOLENCE

Hager & Schwartz, P.A. is Miami-Dade & Broward Counties Premier Domestic Violence Law Firm!

Have you been accused of domestic violence in Miami-Dade, Broward County or Volusia County, Florida? If so, you need an attorney who has the experience to assist you through this very specialized area of criminal law.  The attorneys at Hager & Schwartz, P.A. have handles thousands of domestic violence cases as both prosecutors and criminal defense attorneys, which gives them a unique perspective on why and how domestic violence cases are handles in our somewhat complicated criminal justice system.

Being accused of domestic violence can leave one feeling betrayed and angry - particularly when these accusations are entirely false or are based upon an exaggerated description of events. By working with a criminal defense lawyer at Hager & Schwartz, you will have the confidence in knowing that you have an experienced domestic violence attorney who is doing whatever it takes to protect your rights through the entire criminal justice process. Whether your case can be resolved through negotiation or needs to be litigated in court, an attorney at our firm can help. 

WHAT IS DOMESTIC VIOLENCE?

Domestic Violence is physical violence, threatened violence, and abuse which occurs in the following relationships:

• Married Couples (also known as Spousal Abuse)
• Cohabiting Couples
• Persons who have a child or children in common
• Persons in a dating relationship or who were in a former dating relationship
• Persons who were formerly married to each other

Domestic Violence covers a wide range of abuse. Any threatening or violent act, regardless of intent or lack thereof to harm another, could be grounds for prosecution under the Florida Domestic Violence laws.

Domestic Violence cases are treated differently than other criminal cases. There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence.

DOMESTIC VIOLENCE ABUSE
EXAMPLES

• Threats of Imminent Bodily Harm
• Intimidation
• Stalking (such as following the victim to and from work, and threatening the victim or constant harrassment)
• Physical Assault or Abuse
  • Hitting
  • Slapping
  • Pushing
  • Shoving
  • Kicking
  • Biting
  • Pinching
  • Punching
  • Hair Pulling
  • Beating
• Sexual Abuse
  • Unwanted sexual touching
  • Forced sexual acts

Domestic Violence charges may be filed as a misdemeanor or a felony. The filing decision is made exclusively by the prosecutor and is based on the facts of the case, victim and witness credibility and severity of injuries. Severe injuries (including multiple bruises and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed.

There was no Domestic Violence?

We understand and our extensive experience handling domestic violence cases has confirmed that the domestic violence laws in the State of Florida are rather one sided against the accused. Florida law allows a police officer to make an arrest for domestic violence if there are visible signs of abuse that can be substantiated by other independent evidence. The reality is that police officers often times will make an arrest solely upon statement(s) made by an alleged victim or witness without there being any actual physical evidence of domestic abuse. They do so because public policy demands that law enforcement take any and all action to prevent even the possibility of future violence, regardless of whether the accused is completely innocent. In addition, the Florida Law allows the State Attorney's Office to prosecute a domestic violence case even if the victim declines to cooperate.

Our office is experienced in meticulously analyzing these cases and aggressively defending you in any type of domestic violence case. We will take as much time as necessary to understand your side of the case and present options to you, some of which would ultimately result in the dismissal of the charges. 

Domestic Violence Laws are Often Unfair to the Accused

Our attorneys understand and our extensive experience has confirmed that the domestic violence laws in the State of Florida are rather one sided against the accused. Florida law allows a police officer to make an arrest for domestic violence if there are visible signs of abuse that can be substantiated by other evidence. The reality is that police officers often times will make an arrest solely upon statement(s) made by an alleged victim or witness without there being any actual physical evidence of domestic abuse. They do so because public policy demands that law enforcement take any and all action to prevent even the possibility of future violence, regardless of whether the accused is completely innocent. In addition, the Florida Law allows the State Attorney's Office to prosecute a domestic violence case even if the victim declines to cooperate or testify.

In many cases, we may even be able to get your case dismissed without you ever having to appear in court!

WHAT IF THE VICTIM WANTS TO DROP THE CHARGES?

This is the most common question our attorneys receive when a person is charged with domestic violence.

In Florida, you can be arrested and prosecuted for Domestic Violence even if the victim does not want you arrested or prosecuted.

In some cases, especially with Spousal Abuse, it can be very difficult for the victim to drop charges against the abuser, especially when the accused is not represented by a experienced domestic violence attorney.  In some cases, the Prosecutor can proceed with the criminal case even if the alleged victim decides not to cooperate or go to court to testify. The Prosecutor is the only one who has the authority to drop criminal charges because the victim is merely a witness in a government prosecution.

The law regarding Domestic Violence cases is complex and highly specialized. This is why it is important to secure an attorney who is qualified, skilled, and knowledgeable in defending Domestic Violence cases.

Hiring a Domestic Violence Defense Lawyer

An experienced domestic violence attorney in these types of cases can successfully defend those who are accused of Domestic Violence and take advantages of jail alternatives such as counseling and probation. Sometimes, we even be able to get your case dismissed without the accused ever having to appear in court. Our firm handles cases throughout South Florida including Miami Dade, Broward County, Volusia County, Collier County, Monroe County, Ft. Lauderdale, Boca Raton, and St. Lucie County.

If you or a loved one has been accused of domestic violence, do not rely on the advice of friends, family members or even attorneys who do not regularly defend those accused of domestic violence. Speak with an experienced attorney who has a successful track record in this specific area of law.  Call Hager & Schwartz, P.A., to discuss the specific facts of your case and allow our attorneys tell explain your rights under the law.

Defending Domestic Violence Accusations

At Hager & Schwartz, P.A., you will have former Miami-Dade and Broward County state prosecutors on your side. This background has given attorney Brett M. Schwartz, Esq. and attorney John S. Hager, Esq., respectively an edge both in and out of the courtroom, as they have an understanding of both sides of the criminal law that is applied in these extremely specialized types of cases.

Domestic violence, spousal abuse and child abuse are serious matters which should not be taken lightly. At Hager & Schwartz, we believe that every defendant is entitled to their side of an argument and their right to a fair hearing of their case. After all, you are innocent until proven guilty. Our lawyers have a serious commitment to defending the rights and futures of our clients throughout Florida.

Penalties for Domestic Violence & Child Abuse in Florida

If you are accused of committing domestic violence, you may face harsh penalties. First and foremost, when you are accused of domestic violence, a temporary restraining order (called a stay away order in criminal court) will likely be imposed against you. You will be unable to contact or come within a certain distance of the alleged victim. You may have to leave your home, even if you own the house or pay the rent. This is all in addition to criminal penalties, such as jail time and fines, that you will also face.

DOMESTIC VIOLENCE
PUNISHMENT · CONSEQUENCES

Potential Punishments

Misdemeanors:

• Brief jail sentence (0 to 1 year in County jail)
• Counseling (anger management and/or domestic intervention program)
• Community service hours
• Various fines and/or Charitable Donations
• Stay-Away Order from the victim

Felonies:

• Jail time (time can range from 1 day in the County Jail to multiple years in Florida State Prison)
• Counseling (anger management and/or domestic intervention program)
• Community Service Hours
• Various fines and/or Charitable Donations
• Stay-Away Order from the victim

With a skilled criminal defense lawyer on your side, you may be able to avoid a conviction or have your charges dropped altogether. Don't underestimate the power of an experienced and dedicated attorney and the effects he or she can have both in and out of the courtroom.

What Hager & Schwartz, P.A. can do to assist you

Our office is experienced in analyzing these cases and aggressively defending you in any type of domestic violence case. We will take as much time as necessary to understand your side of the case and present options to you, some of which would ultimately result in the dismissal of the charges.   In many cases, we may even be able to get your case dismissed without you ever having to appear in court!

If you are facing charges or accusations involving domestic violence, it is important that you consult a skilled criminal defense attorney as soon as possible. Only with the help of a capable attorney do you stand a chance in court with these types of charges. An experienced domestic violence lawyer will be able to thoroughly investigate the circumstances of your arrest, review physical evidence, interview witnesses and more in order to build a case in your favor that will hold up in court.

Hiring a Domestic Violence Defense Lawyer

THE LAW REGARDING DOMESTIC VIOLENCE is complex and highly specialized. This is why it is important to secure an attorney who is qualified, skilled, and knowledgeable in defending Domestic Violence cases.

An experienced domestic violence attorney in these types of cases can successfully defend those who are accused of Domestic Violence and take advantages of jail alternatives such as counseling and probation. Sometimes, we even be able to get your case dismissed without the accused ever having to appear in court. Our firm handles cases throughout South Florida including Miami-Dade, Broward County, Volusia County, Collier County, Monroe County and Palm Beach County.

If you or a loved one has been accused of domestic violence, do not rely on the advice of friends, family members or even attorneys who do not regularly defend those accused of domestic violence. Speak with an experienced attorney who has a successful track record in this specific area of law.  Call Hager & Schwartz, P.A., to discuss the specific facts of your case and allow our attorneys tell explain your rights under the law.


Don't take any chances with your future, or your family's future. Contact a domestic violence attorney at our firm today to schedule a free consultation!