A Miami-Dade domestic-violence arrest often includes a no-contact order at first appearance. That order can keep you out of a shared home and bars calls, texts, and social media—including contact the other person starts. The Miami-Dade State Attorney’s Office prosecutes the case. The other person does not “drop the charges.”
First appearance is usually within 24 hours at the Richard E. Gerstein Justice Building. The Law Offices of Paul D. Petruzzi, P.A. appear at that hearing and in the criminal case that follows in County Court or Circuit Court.
Can Domestic Violence Charges Be Dropped in Miami-Dade?
The State Attorney prosecutes the case. The other person does not control whether the charge goes forward. A no-contact order is a common bond condition and covers calls, texts, and social media, including contact the other person starts. Violating that order can be a new charge and can revoke bond.
- Arrest and first appearance
- No-contact or other bond conditions
- State Attorney filing decision
- Discovery, motions, or resolution
Domestic Violence Defense in Miami-Dade
Domestic violence cases in Florida are taken seriously by law enforcement and the Miami-Dade State Attorney’s Office. A domestic violence arrest can lead to no-contact orders, bond conditions that bar you from your home, and criminal charges that carry lasting consequences. A domestic violence defense lawyer in Miami can help you understand the process and defend your rights.
Our firm represents clients accused of domestic violence, battery, and related offenses in Miami-Dade County Court and Circuit Court. If you have been arrested, contact a Miami criminal defense lawyer as soon as possible. We also assist clients with assault and battery and probation violation matters that may arise in these cases.
No-Contact Orders and Injunctions
As a condition of bond, the court will often enter a no-contact order prohibiting you from contacting the alleged victim. Violating that order is a separate offense and can result in bond revocation. The alleged victim may also seek a civil injunction (restraining order) in family court. An attorney can explain how the criminal case and any injunction interact and what options you have.
In serious cases, domestic violence may lead to charges such as manslaughter. For more on what to expect in DV cases, see our domestic violence cases guide.
Disclaimer: This page provides general information and does not create an attorney–client relationship. The information presented is not legal advice and should not be relied upon without consulting with a qualified attorney about your specific situation.
Frequently Asked Questions
What happens at a first appearance for domestic violence in Miami?
You will appear before a judge, who will advise you of the charges and set bond. Bond conditions typically include a no-contact order. Having an attorney can help you present information that may affect bond and conditions.
Can the charges be dropped if the victim does not want to press charges?
The state prosecutes criminal cases; the victim does not “press charges.” The State Attorney may still proceed. An attorney can discuss possible outcomes and defenses.
Do you handle injunction defense?
We represent clients in criminal domestic violence cases. Injunction (restraining order) defense may involve separate proceedings; we can advise based on your situation.
Is the consultation free?
Yes. We offer a free consultation to discuss your case.
Request a Free Consultation
If you need assistance with a criminal matter in Miami or South Florida, we are available to discuss your situation and explore how we may be able to help. Free consultations are confidential. We serve clients in Miami-Dade, Broward County, Fort Lauderdale, and throughout Florida. Call us or contact our office to schedule an in-person or secure video meeting.