Overview
Few accusations are as disruptive as domestic violence. In Florida, an arrest can lead to a night in jail, an order keeping you out of your own home, and a separation from your children — often before you have had a chance to tell your side of the story. These cases are charged with emotion, frequently arise from a single heated moment, and sometimes rest on an account that the alleged victim later wishes to retract.
Piotrowski Law Firm defends people accused of domestic violence throughout Miami-Dade and Broward County — in Miami, Hialeah, Miami Beach, Coral Gables, Fort Lauderdale, Hollywood, and Pembroke Pines. We approach every case with the sensitivity it deserves and the urgency it demands, because the first 24 to 72 hours can shape everything that follows.
What “domestic violence” means under Florida law
Florida defines domestic violence broadly. Under Fla. Stat. §741.28, it includes assault, battery, stalking, kidnapping, false imprisonment, and any criminal offense resulting in physical injury or death of one family or household member by another. “Family or household member” reaches well beyond spouses — it can include former spouses, people related by blood or marriage, people who live together as a family or once did, and the other parent of a child, whether or not the two ever married or lived together.
Because the definition is so wide, many cases that people think of as an argument between roommates, dating partners, or relatives are prosecuted as domestic violence, with all the heightened consequences that label carries.
Injunctions, protective orders & no-contact conditions
A criminal charge is often only part of the picture. The alleged victim may also petition for an injunction for protection — what many people call a restraining or protective order — which is a separate civil proceeding with its own hearing. In the meantime, the court in the criminal case will frequently impose a no-contact condition as a term of release.
- You may be ordered out of your home, even if it is in your name, and barred from returning to retrieve belongings without supervision.
- All contact can be prohibited — in person, by phone, by text, through social media, and even through third parties acting on your behalf.
- Violating the order is its own crime, separate from the underlying charge, and can land you back in jail quickly.
- Parenting time can be affected, which is why these cases must be handled with the family consequences in mind from day one.
We appear at injunction hearings, work to narrow or modify overbroad no-contact conditions where appropriate, and make sure you understand exactly what you can and cannot do so that you do not accidentally turn a defensible case into a second charge.
Firearm consequences
Domestic violence matters carry consequences that reach beyond the courtroom. While an injunction is in effect, and following certain convictions, both Florida and federal law can restrict your right to possess firearms and ammunition. For service members, law-enforcement officers, and others whose livelihoods depend on carrying a weapon, this can be devastating — and it is a reason these cases should never be treated as “minor.” We make sure you understand how a given outcome could affect your firearm rights before any decision is made.
Impact on family and immigration
A domestic violence allegation can ripple into nearly every part of your life. It can influence custody and divorce proceedings, surface in background checks for jobs and housing, and — for non-citizens — carry serious immigration consequences, since certain domestic offenses can affect visa status, green-card applications, and the risk of removal. If immigration status is a concern, it must be factored into the defense strategy from the start, not discovered after a plea.
How we defend domestic violence cases
An accusation is not proof, and the State carries the burden. We work quickly and carefully to understand what actually happened:
- The full context. We look at the history between the parties, who called whom, and whether the account is consistent with the physical evidence.
- Self-defense and mutual conduct. Sometimes the person arrested was the one protecting themselves. We examine injuries, 911 audio, and statements for the real sequence of events.
- Credibility and motive. Allegations sometimes arise amid a breakup, a custody dispute, or anger. We probe inconsistencies and any reason to fabricate or exaggerate.
- The recanting witness. A case does not automatically end if the accuser no longer wishes to proceed — the State can press on — but that decision can matter, and we know how to engage with it properly.
- Diversion and resolution. Where appropriate, we pursue programs and resolutions that protect your record and your future.
Talk to a Miami domestic violence attorney today
These cases reward early, level-headed intervention. The sooner you have counsel, the better we can protect your record, your family, and your rights. Your initial consultation is free and confidential, and our phones are answered 24/7. Request a consultation.
This page provides general information about domestic violence defense in Florida and is not legal advice. Laws change and every case is different. Reading this page or contacting the firm does not create an attorney-client relationship. Please consult a licensed attorney about your specific situation.