Domestic Violence

Domestic Violence Attorney Miami, FL

Domestic Violence in the State of Florida refers to violence or threat of violence against family members. Family members include spouses, partners, ex-partners, siblings, children, and elder relatives, dating partners and persons with whom you share a child.

Do you need legal advice concerning domestic violence charges? Garcia & Qayum Law Group, P.A. provides high-level legal counsel in Miami, Florida. With unmatchable competence, legal expertise, and a strong backbone, we are fully committed to representing all our clients to the best of our ability.

The term “Domestic Violence” is not just restricted to physical violence, and charges can be imposed due to other threats or inferred threats, over a sustained period or as an isolated incident. Domestic Violence includes but is not limited to:

  • Mental or emotional abuse
  • Neglect
  • Stalking or intimidation
  • Kidnapping
  • Harassment
  • Elder Abuse
  • Verbal Abuse
  • Child Endangerment

The State of Florida takes a strong stance against domestic violence and pursues cases aggressively with intent to prosecute. The individual case and the extent of the abuse will decide whether the State charges the accused with a felony or a misdemeanor.

Domestic Violence is a severe charge, and a conviction can carry harsh penalties that can have debilitating effects on all areas of your life. The repercussions may reverberate into your legal, employment, and social standing.

Child custody disputes, divorce proceedings, and any future professional development could all potentially feel the impact of a domestic violence conviction.

The legal representation you choose will have considerable bearing on the outcome of your case. If you have been charged with domestic violence and require legal representation, Garcia & Qayum can provide robust legal counsel in Miami, Florida to protect your rights and ensure the best outcome possible for your situation.

Call Garcia & Qayum Law Group Today – (305) 230-4020

Classifications of Domestic Violence:

Under Florida Law, various criminal offenses are classified under the category of Domestic Violence. These include:

  • Assault and Aggravated Assault
  • Battery and Aggravated Battery
  • Sexual Assault and Sexual Battery
  • Stalking and Aggravated Stalking
  • Kidnapping and False Imprisonment
  • Any criminal offense resulting in physical injury or death of one family member or household member by another family member or household member.

Ref: The 2018 Florida Statutes 741.28 (2)

The State’s Case:

As mentioned, the State of Florida takes domestic violence very seriously. Once charged, the State will very rarely drop the case, regardless of whether the original plaintiff (the alleged victim) wishes to continue pursuing the charges.

It is not uncommon, in cases of domestic violence, for the alleged victim to change their mind and attempt to have the charges dropped. However, it is important to understand that once the Office of the State Attorney has chosen to proceed with the case, the Plaintiff then becomes a witness and has very little power over how it progresses.

In a situation such as this, reliable, competent legal counsel is critical to the outcome of your case. Our criminal defense attorneys at Garcia & Qayum Law Group are committed to providing our clients with personalized legal representation to assist you in achieving your best possible conclusion.

Likely Penalties:

Domestic Abuse is a grim crime in the State of Florida, and a conviction will incur severe penalties that can have damaging effects on your future. It is a charge that stays with you, and you will not be able to seal or expunge the arrest in the case of a judge withholding adjudication, which means the arrest will stay visible on your record.

Likely Penalties for a Domestic Violence Conviction Include:

  • Jail Time
  • Restrictive Probation or Community Control
  • Participation in Batterers Intervention Programs
  • Revocation of Concealed Weapons Permit
  • Possible Deportation or Removal Proceedings by Immigration and Customs Enforcement if you do not hold American Citizenship.

In some instances, the alleged victim may also initiate civil proceedings, seeking an injunction to have a restraining order entered against the accused. While this is not a criminal matter, it increases the complexity of the circumstances and can have substantial legal bearings on the case.

All this needs to be considered when defending a domestic violence case to ensure the best result possible. It is therefore imperative that a knowledgeable and skilled domestic violence attorney is secured by the accused in the early stages of proceedings.

Legal defense for Domestic Violence can be complicated and sensitive, dealing with a multitude of challenging and emotional issues. Garcia & Qayum will approach your case with due care, sensitivity and high levels of knowledge and competency to ensure you get the best outcome possible.

Call Garcia & Qayum Law Group Today – (305) 230.4020


Garcia & Qayum Law Group, P.C. is located in Miami, FL and serves clients primarily in and around Miami and Fort Lauderdale, FL, however we do sometimes act "of counsel", or consult in other cases as well.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

3475 West Flagler St. Miami, Florida 33135