Domestic Violence

December 16, 2024

When Text Messages Become Evidence: Digital Communications in Broward Domestic Violence Cases

By The Law Offices of Richard Ansara, P.A.

As we’re living in a digital age, text messages and social media posts have become central to domestic violence prosecutions. These forms of communication are commonly used to corroborate allegations, establish intent, or prove a pattern of behavior. This digital paper trail can be scrutinized and used against you in court – and they come up a lot especially in Fort Lauderdale domestic violence cases.

If you’re facing domestic violence charges in Broward County, understanding how digital communications are handled as evidence can be important to building an effective defense – and potentially keeping you out of trouble in the future.

The Role of Digital Evidence in Domestic Violence Cases

Text messages, emails, and social media interactions are increasingly relied upon in Florida domestic violence cases to support allegations of abuse, harassment, or threats. These communications can be used in various ways, such as:

Establishing Intent or Threats. A text message threatening harm can be used to demonstrate the accused’s intent.
Documenting Patterns of Behavior. Repeated texts or social media messages can be presented as evidence of harassment or stalking.
Corroborating Testimony. Digital evidence can back up a complainant’s version of events, especially when physical evidence is limited.

While this evidence can seem to create open-and-shut cases, the truth is it’s not always as straightforward as prosecutors may suggest. As experienced Broward criminal defense lawyers can explain, messages can easily be taken out of context, manipulated, or misinterpreted – especially given that slang terms are now evolving at a faster rate than ever (thanks in large part to social media). All of this opens the door for a skilled defense attorney to challenge their validity.

Legal Standards for Admissibility

To be used as evidence in a Broward criminal case, digital communications must meet specific legal standards for admissibility:

Authentication.
Under the rules of evidence, prosecutors must authenticate digital messages by proving they originated from the accused. The Florida Supreme Court has repeatedly emphasized the need for reliable evidence to establish the authenticity of electronic communication. Text messages may be admitted as evidence, but if they lack proper authentication, they may be excluded.
Relevance.
Messages must be directly relevant to the charges at hand. Courts often weigh whether the probative value of the evidence outweighs its potential for unfair prejudice.
Integrity.
The integrity of the evidence must be preserved. Altered or incomplete messages can be excluded as inadmissible.

Common Defenses Against Digital Evidence

An experienced Fort Lauderdale criminal defense attorney can use several strategies to challenge the admissibility or interpretation of digital evidence: Continue reading

November 16, 2024

Consequences of a Broward Domestic Violence Injunction: What You Need to Know

By The Law Offices of Richard Ansara, P.A.

Domestic violence injunctions (commonly called restraining orders) can have serious, life-altering consequences for those accused. While these orders are designed to protect individuals from harm, they can sometimes be issued hastily, with little evidence, creating challenging situations for the accused. As a Fort Lauderdale criminal defense lawyer, I see the far-reaching effects these injunctions have on people’s lives—from limitations on employment and housing to restrictions on child custody and firearms rights.

If you or someone you know is facing a domestic violence injunction, understanding its implications and possible defense strategies is critical.

Types of Domestic Violence Injunctions in Florida

Florida law allows for several types of injunctions under Chapter 741 of the Florida Statutes. Each serves a different purpose, but all have significant consequences if issued:

Domestic Violence Injunctions – Protects individuals who have been victims of violence by family or household members. This injunction can apply if there has been physical abuse, threats, or harassment.
Repeat Violence Injunctions – Issued when two or more acts of violence or stalking have been committed against the petitioner, regardless of relationship.
Dating Violence Injunctions – Designed to protect individuals in a romantic relationship when one partner has threatened or committed violence.
Sexual Violence Injunctions – Applicable when an individual has been a victim of sexual assault or violence, regardless of the relationship to the offender.
Stalking Injunctions – Protects individuals who have been stalked, either physically or online.

Immediate and Long-Term Consequences of an Injunction

Broward County domestic violence injunctions impose a variety of restrictions that can impact every facet of life.

Here are some of the main ways an injunction affects the accused: Continue reading

October 20, 2024

Importance of Evidence in Fort Lauderdale Domestic Violence Cases

By The Law Offices of Richard Ansara, P.A.

Domestic violence charges are among the most serious criminal allegations one can face in Fort Lauderdale, often carrying severe legal and personal consequences. A conviction can lead to jail time, fines, mandatory counseling, loss of child custody, and even restrictions on where you can live or work. Because of the high stakes involved, building a strong defense is critical—and that defense often hinges on the quality and use of evidence.

As a Fort Lauderdale criminal defense attorney, I have seen firsthand how evidence can make or break a Broward domestic violence case. Here, we’ll detail the different types of evidence that can be used in Florida domestic violence cases and discuss various defense strategies, as well as why it’s essential not to make any statements to the police unless or until your attorney is present.

Types of Evidence in Broward Domestic Violence Cases

Domestic violence cases can involve a variety of evidence, ranging from witness testimony to physical evidence. The more comprehensive and reliable the evidence, the stronger your defense can be. Here are some common types of evidence used in these cases:

Physical Evidence: This can include photographs of injuries, damaged property, or any objects used during an alleged incident. For example, bruises, cuts, or torn clothing may be presented by the prosecution as evidence of violence. However, defense attorneys can challenge the timing or cause of these injuries, showing that they may not have been the result of domestic violence.
Witness Testimony: Witnesses can include neighbors, friends, or even children who were present during the alleged incident. Their testimony can support either side’s version of events. In some cases, the alleged victim’s testimony might contradict earlier statements, which can be used to discredit the prosecution’s case.
Police Reports: When law enforcement arrives at the scene, they create a report detailing what they observed and the statements made by the parties involved. While this can be damaging evidence, police officers can make errors in their reports or misunderstand what took place, which a skilled defense attorney can point out during the trial.
911 Recordings: Calls to 911 are often used in domestic violence cases to establish the timeline of events and the urgency of the situation. However, these calls are made in the heat of the moment, and they may not fully or accurately reflect what occurred. A defense attorney can question the clarity and accuracy of these recordings.
Medical Records: If the alleged victim seeks medical treatment, their medical records may become part of the evidence. These records might show the extent of injuries, but they can also be used to demonstrate inconsistencies if the injuries do not align with the alleged events.
Character Evidence: In some cases, defense attorneys use character witnesses to show that the accused does not have a history of violence and is generally peaceful and responsible. This can be particularly useful in cases where the alleged victim’s credibility is in question.

Strategies for Building a Strong Defense

Building a robust defense in a Fort Lauderdale domestic violence case requires a thorough investigation and strategic use of evidence. Some useful strategies include: Continue reading

October 5, 2024

How Broward Domestic Violence Charges Can Impact Child Custody

By The Law Offices of Richard Ansara, P.A.

One of the most pressing concerns for many criminal defense clients facing Broward domestic violence charges is how it could potentially impact child custody. It’s important to understand that in addition to criminal case restrictions and penalties, domestic violence charges and convictions can significantly affect your ability to gain or maintain custody of your children.

Family courts in Florida prioritize the safety and well-being of children above all else. Although these cases are separate (with domestic violence charges generally being handled in criminal court and child custody matters handled in civil court), allegations of domestic violence can result in severe consequences for parents – even before criminal conviction.

Working with an experienced domestic violence criminal defense lawyer, you may benefit from well-planned defense strategies that can help minimize the negative impact in both criminal and civil courts.

The Connection Between Domestic Violence and Child Custody

In Florida, family courts are obligated to consider the best interests of the child when determining custody arrangements. Florida Statutes § 61.13 specifically direct judges to consider domestic violence as a key factor when making custody decisions. Even allegations of domestic violence, whether they result in a conviction or not, can impact the court’s view of a parent’s fitness to care for their child.

Here are the primary ways domestic violence charges can affect child custody: Continue reading

September 30, 2024

Can a Broward Domestic Violence Charge Be Dropped?

By The Law Offices of Richard Ansara, P.A.

One of the most common questions I get as a criminal defense attorney representing clients against Broward domestic violence allegations is, “Can the charges be dropped? What if the victim no longer wants to press charges?”

While it might seem straightforward that a case should be dropped if the alleged victim changes their mind, the reality is far more complex. In Florida, domestic violence cases are treated seriously, and decisions to prosecute are ultimately made by the state — not the alleged victim.

While this is technically true in pretty much all criminal cases, prosecutorial discretion in domestic violence cases very often errs on the side of moving forward with the case even when it’s against the alleged victim’s wishes. That’s because it’s coercion and manipulation are well-known patterns in domestic violence cases. It’s true that the state’s case may be weaker if the victim won’t cooperate, but that doesn’t mean they can’t still win.

Can Domestic Violence Charges Be Dropped?

In Florida, domestic violence charges are brought by the state. That means that once an arrest is made, the case is in the hands of the prosecutor. The alleged victim’s wishes are taken into consideration, but they do not have the power to “drop” the charges themselves. Even if the alleged victim no longer wants to pursue the case, the state attorney’s office may still choose to move forward with prosecution.

Prosecutorial Discretion

Florida operates under what is known as prosecutorial discretion. This means that after reviewing the evidence, the prosecutor decides whether or not to continue pursuing charges.

Domestic violence cases, in particular, are treated with caution due to concerns about the safety of the alleged victim and the possibility of coercion. Prosecutors are trained to recognize situations where an alleged victim might feel pressured to recant their story or withdraw their desire to prosecute.

The State of Florida has a vested interest in preventing domestic violence and protecting victims, so even if the alleged victim refuses to testify or wants to drop the case, the prosecutor may proceed.

The prosecution can rely on other forms of evidence, such as: Continue reading

September 7, 2024

Understanding Florida Domestic Violence Laws: What Every Fort Lauderdale Defendant Should Know

By The Law Offices of Richard Ansara, P.A.

As a Fort Lauderdale criminal defense attorney, I’ve represented many individuals facing domestic violence charges. I understand the serious legal consequences that these charges can bring. If you or someone you know has been accused of domestic violence in Fort Lauderdale, it’s critical to understand the legal framework surrounding these cases.

Florida’s domestic violence laws are designed to protect victims — also provide avenues for a robust defense if you are wrongfully accused or if the circumstances are not as clear-cut as they may initially seem.

Here’s what every defendant should know about domestic violence laws in Florida and how a skilled Fort Lauderdale criminal defense attorney can help navigate these complex cases.

What Constitutes Domestic Violence in Florida?

Under Florida law, domestic violence is defined as any assault, battery, stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death of one family or household member by another family or household member. This broad definition covers a wide range of actions that can be considered domestic violence, including:

Physical Assault: Hitting, pushing, slapping, or otherwise physically harming a partner, spouse, or family member.
Threats of Violence: Threatening harm, even if no physical contact occurs.
Stalking or Harassment: Repeatedly following or contacting someone in a way that causes fear or distress.
Kidnapping or False Imprisonment: Restricting someone’s freedom to leave a location or situation.

Domestic violence laws in Florida also apply to people who share or have shared a dwelling as a family, including spouses, former spouses, co-parents, and individuals who are or were in a dating relationship. This broad scope means that even disputes between people who aren’t married but live together or have a child together can lead to domestic violence charges.

Penalties for Domestic Violence in Florida

August 22, 2024

Digital Forensics in Fort Lauderdale Domestic Violence Cases

By The Law Offices of Richard Ansara, P.A.

In today’s digital age, technology plays a significant role in legal proceedings, including domestic violence cases. Digital forensics is the process of uncovering and interpreting electronic data. It’s become crucial to evidence-gathering in Florida criminal cases.

As a Fort Lauderdale domestic violence lawyers, we recognize it’s important for defendants to recognize how digital forensics can impact their case. We also know DV cases in particular tend to deal with a lot of sensitive information. Florida sunshine laws mean that your case is a matter of public record. That said, we’re diligent in helping clients protect their privacy in these matters as much as possible.

The Role of Digital Forensics in Domestic Violence Cases

Digital forensics is the fancy term we use to describe collecting, preserving, analyzing and presenting digital evidence from varying electronic devices and online platforms. In domestic violence cases, this evidence may include:

Text messages and emails (communications scrutinized for evidence of harassment, abusive language or threats).
Social media posts (comments, posts, photos, messages that may provide insight into relationship dynamics or provide proof of alleged instances of abuse or threats).
Phone records and call logs (establish patterns of communication and corroborate or refute claims made by either party).
GPS data (location to verify a person’s location, presence/absence at certain places and times, etc.).
Audio and video recordings (capture alleged incidents or alleged abuse or interactions between parties).

Courts can subpoena this information, of course, but you don’t have to make it easy for prosecutors to build a case against you. Do your best to secure your devices and accounts with strong passwords. Regularly update your privacy settings. Backup sensitive data and use encrypted communication channels. Your communications could still end up in court, but these measures could potentially lessen that likelihood.

When Digital Evidence is Used Against You in a Broward DV Case

August 8, 2024

Character Witnesses Key in Broward Domestic Violence Cases

By The Law Offices of Richard Ansara, P.A.

Character witnesses can play a pivotal role in domestic violence trials, offering testimony that speaks to the defendant’s moral character, behavior and reputation in the community. As our Broward domestic violence defense lawyers can explain, these insights serve to provide the court with a broader perspective of who the defendant is beyond the charges they face.

It humanizes them. They aren’t just a case number or one of the hundreds of other defendants they’ve seen that month. Especially when the case relies heavily on he-said-she-said evidence, bringing in other perspectives of the defendant’s character can potentially mitigate the penalties he or she is facing.

Character witnesses won’t necessarily be brought into every domestic violence case. But it can be part of a smart criminal defense strategy, even if it only slightly softens the court’s perception of the defendant.

Character Witness Role

Character witnesses are brought in to testify about a person’s personality, behavior and overall character. Their testimony serves to refute the prosecution’s portrayal of the defense as a perpetrator of domestic violence, suggesting instead that the alleged behavior was out-of-character for the defendant. This sort of context spotlights the defendant’s positive attributes, bolstering their credibility and potentially even casting doubt in the minds of the judge or jury.

Character witnesses are most commonly: Continue reading

August 2, 2024

Verifying Fort Lauderdale Domestic Violence Restraining Orders Will Soon Get Easier

By The Law Offices of Richard Ansara, P.A.

A new Florida statute going into effect Oct. 1, 2024 will make it easier for law enforcement officers to verify whether you’re in violation of a Fort Lauderdale domestic violence restraining order.

The new law allows recipients of Florida protection orders to carry a single, wallet-sized card, called “Hope Cards,” to prove the valid status of an active restraining order.

As our Broward criminal defense lawyers can explain, those who secure a domestic violence protection order in Florida are generally expected to carry a physical copy of that order around at all times in order to quickly demonstrate to law enforcement that validity of the order. Otherwise, the police have to spend some time combing through the system to find and verify it. The problem with this, according to many victims’ advocates, is that those orders can easily be 9-10 pages long. They aren’t convenient to tuck into a purse or pocket.

Having an electronic copy is better than nothing, but they don’t have the benefit of a seal of the clerk of the court. Police can’t make an arrest for violating an order until they first verify that the order exists and is current.

Enter the Hope Cards.

What Hope Cards Will Mean in Florida Protection Order Violation Cases

They’re wallet-sized cards that are issued by the Clerk of Courts. More durable and convenient than keeping the whole order on hand.

Florida isn’t the first state to do this. Montana was the first. Half a dozen others followed. The cards cost about $40 each, but the state has received $705,000+ in funding to get it started. Grants and private donations may cover the rest.

As far as what this means for defendants accused of violating a domestic violence restraining order in Fort Lauderdale: Probably not much. Having that card on hand could result in faster turnaround on arrests. It could maybe result in more arrests and convictions if that faster turnaround means officers are able to follow up sooner and, in doing so, preserve certain evidence of relevance that they may not have otherwise. But that’s a lot of “ifs.”

Penalties for Violation of Fort Lauderdale Restraining Order

July 9, 2024

Fort Lauderdale Domestic Violence Attorney Details Most Effective Defenses

By The Law Offices of Richard Ansara, P.A.

Fort Lauderdale domestic violence arrests are among the more common Broward County criminal offenses.

In a single recent year, there were more than 5,600 reported allegations of domestic violence in Broward – with 450 each from Fort Lauderdale and Hollywood Police Departments, according to FDLE.

But an allegation doesn’t equal an automatic arrest, and nor does an arrest equal an automatic conviction. You must take the charge seriously, of course, but the proof burden is on prosecutors — and domestic violence cases are notoriously tough to prosecute, particularly when the defendant has a good attorney. There are several strategies that can be employed by a highly-skilled Fort Lauderdale domestic violence attorney which have proven extremely effective in minimizing the fallout this will have to your life.

It Starts With Fact-Finding

To determine which strategy will be most effective, a Fort Lauderdale criminal defense lawyer is likely going to want to know more about:

Did the alleged victim have any wounds? If so, what was the nature of those wounds? Were they old or new? Were they examined by a medical doctor – and when?
Did you make any incriminating statements – to witnesses, to police, in jail, etc.? (We always urge clients as much as possible to ZIP IT – before, during, and after arrest. Defendants almost never explain their own way out of a jam. Let your attorney do the talking.)
Was there a 911 recording? Surveillance footage? Cell phone recordings? If so, to what extent does it undermine your case?
What was the condition of the scene when police arrived? Any evidence of a violent episode?
What was the emotional state of both parties when police arrived? Did either party appear intoxicated?
Does the accused have any history of violence, either toward the accuser or others?
What were the officer’s observations? Which version of events does it seem to support?

Once we have all this information, we’ll explore which domestic violence defense strategy makes the most sense for your Broward domestic violence charges.

Fort Lauderdale Domestic Violence Defense Strategies