Domestic Violence Defense Attorney In Miami
Last updated on July 31, 2026
Facing domestic violence charges is overwhelming. I am a skilled and trial-proven domestic violence attorney in Miami. I began my legal career as a public defender in the Domestic Violence Courthouse, where I handled hundreds of cases.
Who Can Be Charged With Domestic Violence?
Domestic violence in Florida involves an act of abuse on a “family or household member”. These are people considered as:
- Spouses
- Former spouses
- People related by blood or marriage
- People who are currently residing together as a family
- People who have resided together in the past as a family
- People who are the parents of a child in common (regardless of whether the parents have been married)
The crime happens when a “family or household member” acts against another “family or household member”. Common charges:
- Battery
- Aggravated assault
- Sexual assault
- Aggravated stalking
- Kidnapping
- False imprisonment
- Any criminal offense resulting in physical injury or death
I recognize that allegations of domestic violence demand not only a strong advocate for navigating the legal consequences but also a careful understanding of the sensitive and deeply personal nature of these accusations.
The Alleged Victim Cannot Drop The Charges – Only the Prosecutor Can
Many people assume that if a “victim” doesn’t wish to “press charges” against someone, the case will just disappear. Wrong. The state of Florida aggressively prosecutes those accused of domestic crimes. Often, despite the wishes of a victim not to prosecute, they still do it. That’s why you need me, an experienced defense lawyer.
Criminal charges relating to domestic violence are punishable by:
- Up to 5 years in prison
- Up to a $5,000 fine
- Completion of a 26-week (BIP) Batterer’s Intervention Program
- 12 months of probation
- More community service hours
Aside from penalties, here’s how domestic violence charges can affect your life:
- It can impact your visitation rights to your child
- It gets difficult to find career opportunities
- You won’t be eligible for gun ownership
- You lose your voting rights – at least until you complete all terms of your sentencing
- It gets harder to avail of housing options
Whether a victim wants to proceed in a case or not, you still need an experienced criminal defense attorney. I can help you minimize or avoid the penalties and the long-term effects of a domestic violence charge.
Restraining Orders Vs. Stay-Away Orders
If a restraining order has been filed against you, an experienced attorney can help you navigate the process. Civil Injunctions – commonly known as “restraining orders” – are requested by individuals who state they are in fear of imminent danger. A violation of a civil injunction carries potential criminal penalties. If the court issues an injunction, you may face strict requirements:
- Mandatory classes: A judge can order you to attend 26 domestic violence classes over the course of six months.
- Loss of rights: You will be required to surrender your firearms.
- Family impact: Most critically, it can severely limit your ability to see your children.
A skilled defense attorney can help you challenge a restraining order and represent your interests as your case moves forward.
What Is A Stay-Away Order?
Conversely, stay-away orders prohibit a defendant from contacting the alleged victims in a criminal case, either directly or indirectly. Typically, a stay-away order remains in effect for the duration of the criminal case. However, it can be modified at the request of the victim to allow for nonviolent contact. When this order is modified, it may allow the defendant to have communication with the victim, provided that the contact remains entirely nonoffensive, peaceful and respectful. Our firm can assist you in petitioning the court for these vital modifications.
How I Defend You Against Domestic Violence Accusations
If you are facing domestic violence charges, an experienced attorney will aggressively advocate for your rights and ensure your side of the story is heard by the court. If a civil injunction is filed against you, retaining a seasoned attorney immediately is imperative.
My goal is to build a robust defense by:
- Challenging false or exaggerated allegations: Dismantling claims that are untrue or blown out of proportion.
- Scrutinizing the evidence: Analyzing the prosecution’s case for inconsistencies and weaknesses.
- Mitigating potential consequences: Working tirelessly to reduce the impact of these charges on your life.
- Protecting your family bonds: Striving to preserve your invaluable relationship with your children.
Having begun my legal career as a public defender in the Domestic Violence Courthouse, I provide my clients with the strategic advantage of 22 years of dedicated domestic violence defense experience.
Call The Law Offices of Orlando Rodriguez P.A. Today For Assistance Anywhere In Miami County
Defend your rights. An experienced lawyer will increase your chance of a favorable outcome. That is why it’s very important to work with an attorney, and not just any attorney. I will provide you with the skilled defense you need. Call 786-687-5174 to schedule a consultation.