Domestic Violence FAQ

Common Questions About Domestic Violence Cases

If you have been accused of or arrested for domestic violence, spousal abuse or child abuse, you likely have many questions. At Hager & Schwartz, we are often asked many questions regarding these offenses. We are happy to answer your questions when you talk to a lawyer at our offices, but we have also included frequently asked questions for your convenience. Please take a moment to review the questions and answers regarding domestic violence in Florida, listed below. We hope you find them helpful.

Frequently Asked Questions

What is domestic violence?
Domestic violence, simply defined, is violence between spouses, family members or cohabitants. This includes emotional, sexual and physical abuse, assault and battery.

The person who accused me of domestic violence has decided not to press charges. Can I still be charged?
Yes. The Miami-Dade or Broward County State Attorney's Office can press charges even when the victim does not want to. It is in the sole discretion of the Prosecution to decide whether to formally charge you with domestic violence, spousal abuse or child abuse.

What penalties do I face if accused of domestic violence?
Depending upon the severity of the injuries and whether you have prior convictions, you may face a short jail sentence or even several years in state prison. You will also face fines, counseling, community service and a restraining order.

What is spousal abuse?
Spousal abuse is violence between married partners, whereas domestic violence can include violence between any family members or cohabitants.

What does a restraining order have to do with domestic violence?
Often, in the case of domestic violence accusations and charges, the Court may issue a restraining order or an order of protection in order to protect the victim from further harm. You may be forced to leave your own house if you share it with the victim, even if you pay the rent or own the property!

Why should I hire a criminal defense attorney to help fight my charges?
An attorney will have the needed knowledge and experience to effectively protect your rights and ensure you are treated fairly within the justice system. An attorney may be able to have your charges lessened or dropped altogether, by thoroughly investigating your case.

At Hager & Schwartz, we deal with domestic violence cases throughout Florida. We have offices in Miami-Dade County, Broward County, Palm Beach, Fort Pierce and Volusia County.

To get your questions answered, contact a Miami Domestic Violence Lawyer at our firm today.