Once you’ve been arrested, served with a summons, or received a temporary restraining order, there are many questions to address. Can I go home? Can I talk to the other person? What’s going to happen at the hearing?
Before contacting the other person by phone or text, read your paperwork and get legal advice regarding any restrictions that are in effect.
The Hialeah law firm Attorneys at Law Joseph M. Corey, Jr., P.A. represents clients defending both criminal domestic violence cases and civil domestic injunctions. These are separate legal proceedings, even if they arise from the same event. A domestic violence defense attorney can help you understand what legal action you’re facing, what the upcoming court date will be for, and what steps should be taken before then.
Preparing a defense begins with learning about the accusations made against you and ensuring your account of events is documented. This process does not include promising that the charges will be dropped or that a restraining order will be dismissed.
Domestic violence cases: identify the charges and orders
Place all materials you've been given in one pile: arrest or release papers, a summons, a petition for an injunction, any temporary orders and hearing notices. Review the case numbers and dates. Different case numbers and hearing notices may identify separate proceedings. Ask your lawyer what each document relates to.
A criminal case involves an alleged crime prosecuted by the State of Florida. A criminal defense attorney will examine the charge and any conditions of release. A petition for a civil domestic violence injunction asks the court for protective orders. According to Florida's domestic violence injunction law, there can be an injunction action regardless of whether another matter is pending between the parties.
Don't assume that what happens in one case automatically resolves the other. For instance, you might have conditions of release from a criminal court, and a different temporary injunction with a hearing on a different date. Show both to your attorney. If the terms don't seem to make sense together, inquire how to meet them rather than just doing whichever is easier.
List out any practical concerns you have regarding your current situation. Are you going to have to get your prescription medications? Do you need to find a different place to live? Is there a way for you to arrange a child exchange?
Consult with your attorney about a way to request something from the court, or a process for getting the court to modify an existing order. Just because you have an urgent personal need doesn't mean an order changes on its own.
Follow protection orders while your defense is prepared
Don’t rely on someone’s recollection of what the judge said; read the order itself. The order may restrict direct contact, messages via third parties, where you can go and how you act. Your lawyer should review with you what is allowed in your case, including anything you don’t understand.
If the other person contacts you, or asks you to return, that is not a court order lifting the restrictions. Don’t think reconciliation means you can ignore them. Tell your lawyer, document the contact, and don’t respond in any way that breaches the order.
This holds true for online communications, too. Don’t assume a message on Facebook or an attempt to contact the other person through a relative doesn’t violate the contact prohibition. Check first. If there’s a work or child-related matter you can’t put off, inform your lawyer about the situation and they’ll advise you on how to handle it legally.
Don’t ask the other person to drop their claims, amend their statement or not appear at a court date. In addition to whatever the contact ban says, trying to influence what someone says or does in a legal proceeding can cause more trouble. Your lawyer can respond to the allegations without you contacting the accuser or any witness.
Give your attorney a complete account and original evidence
Give your attorney an honest description of what you remember. Distinguish between what you personally observed or heard, and information you learned from someone else. Note what you don’t know rather than making up answers. Your lawyer also needs to know facts that work against you.
Examples of useful materials include entire text conversations, pictures, logs of phone calls, names of witnesses, and the location of a camera. Keep the original versions of documents, photos, recordings, and other evidence, along with their creation dates. Don’t select a couple of messages from a long text exchange because they seem helpful, remove negative information, or alter an audio or video file. The meaning of an item of evidence may depend on the surrounding context.
A brief summary of the important facts at your first meeting might look like this:
- Who was with you, and what were you doing, before the event took place?
- What happened in your recollection? What order did things occur?
- Did any witnesses view the incident in its entirety, or did they only see a portion?
- Were there any injuries, photographs, phone calls for help, or trips to the doctor?
- What happened when police arrived, if they did?
- What paperwork, orders, or rules did you receive once the incident was over?
For example, if the petition against you describes repeated messages, but the available screenshot shows just a small portion of a longer chat thread, the entire conversation could be significant. That doesn’t necessarily mean that the full conversation will support your legal position, but it does allow your attorney to have a fuller set of facts on which to base their judgment.
Never access another person’s accounts or devices without permission to gather evidence. Let your attorney know where the information might be kept and ask them how best to preserve it or submit a request for it.
What a domestic violence lawyer needs to evaluate
There is no one set of facts for “domestic violence.” Florida’s statutory definition lists several acts that constitute domestic violence between certain family or household members, such as battery, aggravated assault, sexual battery, and stalking. Each alleged act, relationship, charge and supporting evidence matters. An argument with your spouse does not provide enough detail for a lawyer to know which statute applies.
Your lawyer will look at the allegations against you and identify the elements that need to be proven in the type of proceeding you’re involved in. For a criminal case, this may mean reviewing the state’s evidence and witnesses, and analyzing the details of any statements or the arrest. For an injunction case, your attorney will read the petition, review the requested relief, and consider the evidence related to the injunction hearing. A petition may be filed alleging domestic violence or claiming that there is reasonable cause to believe that domestic violence is imminent. The protection sought through an injunction is a separate question from deciding guilt on a criminal charge.
The nature of your defense is determined by the facts of your case and Florida law. If you face a domestic violence charge, ask your attorney to explain the allegation, the classification of the charge as a misdemeanor or felony, and the potential consequences of a domestic violence conviction. Ask what supports their strategy, what facts might undermine their plan, and what they still need to know. Don’t trust legal advice that is absolute when based on just a summary of events.
Even if the complainant says they don’t want to proceed with the case, don’t take it as the case being dismissed. A complainant’s wishes do not by themselves determine whether a criminal prosecution continues. If you’re told this, relay it to your attorney instead of assuming you no longer need to appear in court. Follow your court orders and requirements unless your attorney confirms an authorized change.
Prepare for your domestic violence hearing in Miami-Dade County
A temporary order does not mean you should skip your next court date. Read the notice and reach out to a lawyer immediately. An attorney must have sufficient time to study the papers and figure out how to present witnesses, documents and other evidence under the proper rules.
Ask what the hearing is going to decide: a requested injunction, release conditions or something else. Ask if you need to show up in person, where to go and how much time to allot. Do not assume that hiring a lawyer relieves you of the obligation to attend.
Prior to the hearing, go over the allegations one by one with your attorney. Review the documents supporting your account and any that could undermine your story. A pile of screenshots is not as helpful as a well-documented timeline with clear dates and context.
Your attorney can walk you through the process and tell you what to expect from testimony and what rights you have. Rely on that guidance instead of trying to answer all accusations during the break or calling the other person to resolve things outside of court. Preparing for court involves understanding when and how to make certain statements.
Coordinate family law matters and your criminal defense
When a domestic violence accusation is tied in with a divorce, or a paternity suit or a child custody issue, let your defense lawyer know about these other cases, and bring along any parenting plans or orders that already exist. Each of your attorneys needs to understand the full scope of restrictions and upcoming court appearances.
An injunction might have implications for child visitation and living situations. The terms of the specific injunction will dictate what you can or cannot do. If it appears to be a conflict with an existing time-sharing schedule, contact your lawyer as soon as possible rather than arranging for an alternate pick-up.
The firm’s family law practice handles divorces, paternity actions and timesharing disputes alongside domestic violence matters. During the initial meeting, inquire about whether these other types of cases would fall under the representation offered by that firm. Related issues don’t necessarily mean they fall under the same fee agreement.
If there are concerns regarding immigration status, employment and occupational licenses, be sure to mention these issues. Ask your defense attorney whether you should obtain advice from an appropriate expert prior to taking any action. The results of the allegations could impact your future in ways that may vary depending on your circumstances, so don’t try to predict the outcome based on someone else’s experience.
Choosing a domestic violence attorney in Hialeah
You should get a sense from the initial meeting about how the lawyer handles things, what work the representation covers, and how you will communicate. Don't just rely on a promise to "fight for you." Get specifics. Find out who will review your orders, who will identify the next deadline, who will appear on your behalf at the relevant hearing. Who is the point of contact if you need urgent help figuring out how to comply? What evidence do you need to hold on to and how should you deliver it?
Before you sign anything, discuss fees. Ask the firm to send you a letter outlining its fees and related charges. Make sure you know what is included in the fee, what additional tasks may trigger additional charges, and how you are expected to pay. The firm's website offers payment plans; ask which terms are available for your case.
Attorneys at Law Joseph M. Corey, Jr., P.A. offers a free consultation and bilingual services. It is located at 900 W. 49th Street, Suite 204, Hialeah, Florida 33012. You can reach it at (305) 557-1750. Call or contact the firm to set up a consultation to review your paperwork and discuss what steps to take next. Organized paperwork helps, but you can call before your file is complete. Just know what your next court date is, what orders you've received, and what issue takes priority. Bring those orders and hearing dates to the consultation so the lawyer can identify what needs attention first. This article is intended to inform, not to provide legal advice tailored to any particular individual.
