Miami-Dade prosecutes more domestic violence cases per year than any other county in Florida, and the State Attorney's Domestic Crimes Unit operates very differently from the general misdemeanor and felony divisions. The unit has dedicated prosecutors, dedicated victim advocates, a strong policy preference for prosecuting cases even over the wishes of the alleged victim, and a separate calendar at the Gerstein Justice Building.
If you have been arrested for domestic battery, aggravated battery, stalking, or violation of injunction in the City of Miami, Brickell, Wynwood, Coconut Grove, Little Havana, or anywhere in unincorporated Miami-Dade, the case will pass through this specialized unit. The procedural rhythm is different from a standard misdemeanor.
The first 48 hours
Florida's mandatory arrest statute (§ 741.29) means that almost every domestic call ends in someone being booked. Officers do not have discretion to issue a notice to appear, and the "primary aggressor" analysis is often done superficially in the field. The result is a meaningful number of arrests where the evidence is genuinely thin.
At the bond hearing — typically within 24 hours of arrest, at the Pre-Trial Detention Center — the judge will set release conditions that almost always include:
- A no-contact order with the alleged victim, direct and indirect.
- Exclusion from the shared residence, even if the home is in the defendant's name.
- Surrender of firearms held by the defendant.
- GPS monitoring in aggravated cases.
We attend the bond hearing to argue for reasonable release conditions and to begin the motion to modify the no-contact order — particularly in cases where the alleged victim affirmatively wants contact to resume.
The State Attorney's filing decision
In Miami-Dade, the arrest does not automatically become a formal charge. The Domestic Crimes Unit independently reviews the case within roughly 21 days and decides whether to file an "Information" (the formal charging document). This is the most important window in the case. A well-presented declination package — affidavit of non-prosecution from the alleged victim, mitigation about the relationship, character references, prior 911 history that contradicts the complaint — can result in a no-file decision, which means the case is never formally charged and there is no conviction to seal because there is no case.
We prepare and submit declination packages within the filing window on the cases that warrant them.
Why a "withhold" on domestic battery is often a trap
Under Florida § 943.0584, a domestic violence disposition is statutorily ineligible for sealing or expungement — even when the court withholds adjudication. That means a plea that looks like a good deal at the courthouse ("you walk out without a conviction") still creates a permanent, publicly accessible record. The case will show up on every background check for the rest of your life.
The right strategic frame is almost always:
- Get the case dismissed or no-filed if the evidence supports it.
- If a plea is required, push for a reduction to a non-DV charge (disorderly conduct, simple battery without the DV designation) — which preserves sealing eligibility.
- Only as a last resort accept a withhold on the original DV charge.
The federal firearm consequence
Federal law — 18 U.S.C. § 922(g)(9) — imposes a lifetime firearm prohibition on anyone convicted of a "misdemeanor crime of domestic violence," as defined federally. The Florida disposition controls federal eligibility, but the analysis is not always intuitive: certain "withhold" outcomes still trigger the federal bar. This consequence affects military service members, law enforcement officers, security professionals, and any client who values their Second Amendment rights. It is not part of the standard plea colloquy in Miami-Dade, but it is a primary consideration for our office.
Cases this office handles
- Domestic battery (§ 784.03, § 741.28)
- Aggravated battery and aggravated assault — domestic
- Felony battery (third or subsequent)
- Battery by strangulation (§ 784.041(2)(a)) — a third-degree felony
- Stalking and aggravated stalking
- Violation of a domestic violence injunction
- Cyberstalking and harassment cases arising from a domestic relationship
"The window between arrest and arraignment is the most important 48 hours of a Miami domestic violence case. That's when the no-contact order is set, when the alleged victim is most likely to want to drop the case, and when we can sometimes get the State's Domestic Crimes Unit to decline filing. Wait two weeks and most of that leverage is gone."
Recent Miami case results
Charge
Domestic battery — first offense, Brickell
Outcome
No-file by State Attorney's Office; case never formally charged.
Charge
Aggravated battery (domestic) — Little Havana
Outcome
Reduced to misdemeanor battery; no jail, no conviction.
Charge
Violation of injunction — Coconut Grove
Outcome
Dismissed after evidentiary hearing.
Past results do not guarantee a similar outcome. Every case is fact-specific.
Where Miami cases are heard
Richard E. Gerstein Justice Building
1351 NW 12th St, Miami, FL 33125
All felony arraignments and trials for Miami arrests are heard here. Bond hearings happen daily at the Pre-Trial Detention Center (1321 NW 13th St) within 24 hours of arrest.
Arresting agency: City of Miami Police Department (400 NW 2nd Ave)
Miami Domestic Violence — Frequently Asked Questions
›The alleged victim wants to drop the charges. Can she/he just call the prosecutor?
No — and this is one of the most misunderstood parts of Florida domestic violence law. Once the police arrest and the State Attorney files, the case belongs to the State, not the alleged victim. The complaining witness can ask the State to drop the case (we help with that through a formal 'declination request' or affidavit of non-prosecution), but the Miami-Dade Domestic Crimes Unit makes the final call. They sometimes go forward even over the victim's objection.
›I have a no-contact order. Can my spouse and I live together while the case is pending?
Not unless and until the judge modifies the order. The standard pre-trial release condition in Miami-Dade DV cases prohibits any direct or indirect contact and excludes you from the shared residence. We file a motion to modify the no-contact condition at the first court date — usually with the alleged victim's written consent — to allow contact and to let you return home. Most Miami-Dade judges will grant the modification in appropriate cases.
›Will a Miami domestic violence conviction affect my right to own a firearm?
Yes — and it's one of the most permanent collateral consequences in federal law. Under 18 U.S.C. § 922(g)(9), a misdemeanor conviction for domestic violence (or even certain domestic battery dispositions with adjudication withheld) creates a lifetime federal firearm prohibition. The State does not warn you about this at the plea colloquy. We never let a client take a DV plea without first analyzing the federal firearm consequence.
›What is the 'Mandatory Booking' policy in Miami-Dade?
Florida law (§ 741.29) requires officers responding to a domestic incident to make an arrest if they find probable cause to believe a battery, assault, or violation of injunction occurred. Officers do not have discretion to issue a notice to appear or to mediate. The 'primary aggressor' analysis is supposed to limit dual arrests, but in practice many DV arrests happen on weak evidence simply because the policy demands an arrest.
›Can a Miami domestic violence case be sealed or expunged later?
Under Florida § 943.0584, certain domestic violence dispositions are statutorily ineligible for sealing or expungement — even with adjudication withheld. This is critical: a 'good deal' that includes adjudication withheld on domestic battery still creates a permanent record. We design every disposition with that limitation in mind, which often means pushing for an outright reduction to a non-DV charge rather than accepting a 'withhold' on the original.