20th Jun 2019
Domestic violence is often a serious charge because of the potential of injury or death to the victim. Charges against the accused can occur in either or both criminal or civil courts. When the other party uses these charges nefariously, it is possible to harm the accused so that he or she needs the services of a criminal defense attorney in Miami Dade. Criminal charges proceed through a trial where the defendant uses a criminal defense attorney in Miami Dade to help prove innocence or lack of evidence. The civil counterpart attempts to prove that the defendant injured the other person and owes compensation for the damages that he or she inflicted.
Criminal Penalties for a Conviction of Domestic Violence
If the defendant fails in the courtroom and is found guilty, he or she will face a conviction of domestic violence and suffer significant consequences. These can include time in county jail, restrictions regarding where he or she can travel, loss of rights such as possession and purchases of guns and the requirement to participate in domestic abuse programs. These convictions usually remain on the person’s criminal record for the rest of his or her life. The accused will need the services of a criminal defense lawyer to present a valid defensive argument against the malicious accusations of the former romantic partner.
Civil Penalties for Domestic Violence Cases
A person can face criminal and civil procedures at the same time. Each case is separate and does not depend on the other one to proceed. The burden of proof in a civil case is much lower than that in a criminal case, so just because a defendant is found not guilty in a criminal court does not mean or she will have the same outcome in civil court. Civil penalties include the requirement to pay compensation to the victim for the damages that he or she paid. Other penalties tied to either case include possible programs to complete for domestic violence, injunctions and the lack of contact or communication with the alleged victim. The defendant will need a legal defense to refute these charges.