Domestic Violence

March 10, 2025

Common Misconceptions About Fort Lauderdale Domestic Violence Cases

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

Domestic violence charges in Fort Lauderdale can have life-altering consequences — but many of our clients walk through the doors burdened with myths and misunderstandings of how these cases work under Florida law. Separating fact from fiction is essential when navigating the criminal justice system.

Hiring an experienced criminal defense lawyer is crucial to protecting your future, but it’s also important to become informed about some of the most common misconceptions about domestic violence cases.

Misconception #1: Domestic Violence Charges Can Be Dropped by the Alleged Victim

One of the most widespread misunderstandings in domestic violence cases is that the alleged victim can simply “drop the charges.” In Florida, the reality is that once an arrest is made for domestic violence, the case becomes the responsibility of the State Attorney’s Office, not the alleged victim. Even if the accuser wants the case dismissed, the prosecutor can – and often does – pursue charges regardless.

Under Florida Statute 741.28, domestic violence includes assault, battery, sexual assault, stalking, kidnapping, or any criminal offense resulting in physical injury or death to a family or household member. Once law enforcement determines there is probable cause, an arrest is typically mandatory. The state may use evidence such as 911 recordings, witness statements, medical reports, or photographs, even if the accuser is unwilling to testify.

Misconception #2: A First-Time Offense Isn’t a Big Deal

Many people underestimate the seriousness of a first-time domestic violence charge. Florida law imposes strict penalties even for first-time offenders. A misdemeanor domestic battery conviction under Florida Statute 784.03 can carry up to one year in jail, a year of probation, mandatory completion of a 26-week Batterer’s Intervention Program (BIP), and fines.

More importantly, a domestic violence conviction cannot be sealed or expunged—even if it is your first offense. A permanent criminal record can affect employment, housing, custody rights, and immigration status. In some cases, a no-contact order will be issued, forcing you to leave your home or stay away from your children.

Misconception #3: If There Was No Injury, It’s Not Domestic Violence

Another misconception is that physical injury must occur for a charge to qualify as domestic violence. In reality, even minimal contact—or the threat of it—can result in charges. Florida law intentionally defines domestic violence broadly. For example, pushing, grabbing, or throwing an object (even if it misses) may constitute battery or assault.

In State v. Hearns, the Florida Supreme Court in 2007 reaffirmed that acts of violence do not need to result in physical harm to be prosecutable under domestic violence statutes. What matters is the intent and context of the act—not the severity of the injury.

Misconception #4: A Conviction Is Guaranteed if the Police Made an Arrest

February 20, 2025

Why You Shouldn’t Just Plead Guilty to Fort Lauderdale Domestic Violence Charges

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

Domestic violence charges in Florida carry serious, long-term consequences that extend far beyond a fine or a few days in jail. Many individuals facing these charges may feel overwhelmed, ashamed, or eager to resolve the case quickly, leading them to consider pleading guilty without fully understanding the ramifications. However, doing so can have devastating effects on your future, including restrictions on your personal freedoms, loss of gun rights, employment difficulties, and even deportation for non-citizens. Before making any decisions, it is critical to consult with a skilled Fort Lauderdale criminal defense lawyer who can analyze your case, challenge the evidence, and explore alternatives to conviction.

The Consequences of Pleading Guilty to Domestic Violence in Florida

1. Mandatory Minimum Penalties Under Florida Law

Under Florida Statute 741.283, anyone convicted of domestic battery is subject to mandatory minimum sentencing:

First offense: A minimum of 10 days in jail.
Second offense: A minimum of 15 days in jail.
Third offense or more: A minimum of 20 days in jail.

These penalties increase if a minor was present during the alleged incident.

Beyond jail time, you may also face:

One year of probation with strict conditions.
Completion of a 26- to 29-week Batterer’s Intervention Program (BIP) at your own expense.
Community service hours (often 12 to 29 hours).
Loss of gun rights due to federal restrictions on domestic violence offenders.

2. A Permanent Criminal Record That Cannot Be Expunged

One of the most severe consequences of pleading guilty is that a domestic violence conviction cannot be sealed or expunged in Florida. Under Florida Statute 943.0584, domestic violence-related convictions remain on your record permanently. This can severely impact:

Employment opportunities, especially in professions requiring background checks.
Housing applications, as landlords may deny applicants with a violent criminal record.
Child custody disputes, where a conviction may be used against you.

3. Loss of Firearm Rights

A conviction for domestic violence automatically triggers a federal firearms ban under 18 U.S.C. § 922(g)(9). This means you will permanently lose your right to own, purchase, or carry a firearm, even for self-defense or professional use. For many individuals, including military personnel and law enforcement officers, this can mean the end of their careers.

4. Immigration Consequences for Non-Citizens

If you are not a U.S. citizen, pleading guilty to domestic violence can have severe immigration consequences. Under 8 U.S.C. § 1227(a)(2)(E), domestic violence is considered a deportable offense. Even a misdemeanor conviction can result in:

Deportation
Denial of a green card
Ineligibility for U.S. citizenship

In many cases, immigration authorities may initiate removal proceedings immediately after a guilty plea.

How a Fort Lauderdale Criminal Defense Lawyer Can Help

January 8, 2025

Florida Domestic Violence Case Law: Key Precedents That Could Impact Your Case

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

Domestic violence cases in South Florida are legally complex and carry severe consequences. As a Fort Lauderdale criminal defense lawyer can explain, understanding the legal framework and key case law precedents is essential to building a strong defense. Here, we’ll explore how the law defines domestic violence, review influential prior cases, and explain why working with an experienced criminal defense lawyer is critical.

Defining Domestic Violence Under Florida Law

Florida Statute § 741.28 defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death of one family or household member by another.

December 28, 2024

From Misdemeanor to Felony: How Fort Lauderdale Domestic Violence Charges Can Escalate

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

Fort Lauderdale domestic violence offenses are taken very seriously by police, prosecutors and judges. While most domestic violence cases are misdemeanors, certain circumstances can elevate them to felony status, leading to more severe penalties — including prison, steep fines, and a permanent criminal record. Understanding what factors are more likely to lead to a felony domestic violence case – and the strategies a Broward criminal defense lawyer may use to help chip away at the prosecutors’ case – is important if you or a loved one are facing domestic violence allegations.

How Florida Classifies Domestic Violence Offenses

F.S. § 741.28 explains that domestic violence may encompass a range of offenses committed against a family or household member. This can include a spouse, ex-spouse (previously married), individuals who live together or those who share a child. Such offenses can include assault, battery, stalking, kidnapping, or false imprisonment.

For the most part, domestic violence will be charged as a misdemeanor. However, it can be charged as a felony under the following circumstances:

Prior convictions. A history of previous domestic violence convictions has the potential to bump a new charge up to felony status. A second or subsequent domestic violence battery offense is typically charged as a third-degree felony, which in Florida is punishable by up to five years in prison. Furthermore, per F.S. § 775.084, repeat offenders can face more serious penalties as habitual offenders.
Severe injuries. If the alleged victim was seriously hurt, the domestic violence charge can be bumped up to aggravated battery, which is a second-degree felony, punishable by up to 15 years in prison. What qualifies as “serious”? Often-cited grounds include broken bones, severe lacerations, or permanent disfigurement.
Use of a weapon. Domestic violence that involves the use of a weapon, such as a firearm, knife, baseball bat or other object, often results in a charge of aggravated assault or aggravated battery. Even if you didn’t actually use the weapon, simply displaying it can escalate the charge. Typically this is a third-degree felony, punishable by a maximum of five years in prison.
Allegations of child endangerment. If there was a child present during an alleged incident of domestic violence, prosecutors will sometimes use this to elevate the charge to a felony. Sometimes, this can even lead to additional charges, such as child abuse or child neglect.
Violations of a protective order. If there was an active restraining order that was violated during the alleged act of domestic violence, this is likely going to mean felony charges.

How Fort Lauderdale Defense Lawyers Fight Back

Fort Lauderdale criminal defense attorneys have many strategies to try to minimize odds of conviction, or at least mitigate the potential severity of the penalties imposed. Continue reading

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