Domestic Violence

November 24, 2025

“I Didn’t Mean to Hurt Them”: Broward Domestic Violence Defense Lawyer Talks Intent

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

As a Fort Lauderdale criminal defense attorney who regularly represents clients facing domestic violence charges, I often hear variations of the same anguished statement: “I didn’t mean to hurt them.” It’s a deeply human reaction—the immediate regret following an incident that has spiraled out of control, leaving both the alleged victim and the accused dealing with serious legal consequences.

This statement reveals something important about how many people understand their own actions. They recognize that harm occurred, but they genuinely didn’t intend for things to escalate to that point. Perhaps an argument became heated, emotions ran high, and physical contact occurred in the chaos. Perhaps they were trying to prevent their partner from leaving during an argument, or they grabbed something without thinking and it made contact with someone else.

The critical legal question becomes: Does lack of intent to cause harm provide a valid defense to domestic violence charges? As a Broward domestic violence defense lawyer, I will always be honest with my clients about the reality of their situation. And the fact is, while a defendant’s intent is a key element in many criminal charges (including domestic violence offenses), that doesn’t necessarily mean lack of intent to cause harm will be the basis for the best defense.

Understanding Florida’s Domestic Violence Statute

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

Notice what this definition does—it incorporates other criminal offenses, most commonly battery, into the domestic violence framework when those offenses occur between family or household members. This means we must understand both the underlying criminal charge (like battery) and how the domestic relationship aspect affects the case.

Family or household members include spouses, former spouses, persons related by blood or marriage, persons currently living together or who have lived together in the past as a family, and persons who share a child in common, regardless of whether they were ever married.

Why Intent (Mens Rea) Matters in Criminal Law

In criminal law, mens rea — Latin for “guilty mind” — refers to the mental state or intent required to establish criminal liability. Different crimes require different levels of intent, and this distinction is fundamental to our justice system. It’s why we differentiate between murder and manslaughter, between theft and accidentally taking someone else’s property.

For battery charges, which form the foundation of most domestic violence cases in Florida, intent is indeed a required element. Under Florida Statute § 784.03, battery occurs when a person:

Actually and intentionally touches or strikes another person against their will, or
Intentionally causes bodily harm to another person

The word “intentionally” appears prominently in this statute, which might initially seem encouraging if you’re saying “I didn’t mean to hurt them.” However — and this is crucial — the intent requirement is more nuanced than most people realize.

The Critical Distinction: Intent to Touch vs. Intent to Harm

Here’s where the law becomes counterintuitive for many defendants: the prosecution does not need to prove you intended to cause harm or injury.

Florida courts have been clear on this point. For a battery conviction, the state only needs to establish that you intended the contact itself (the touching, striking, or grabbing) not that you intended for that contact to result in injury or harm. Florida courts have ruled the defendant need only intend to touch or strike a person without their consent. As such, the State is not required to show the defendant intended harm or injury.

This means that even if you genuinely didn’t mean for your partner to get hurt, if you intentionally:

Grabbed their arm to stop them from leaving
Pushed them during an argument
Threw an object in their direction
Made any physical contact that they did not consent to

…you may have committed battery, even if injury wasn’t your goal and even if no significant injury occurred.

The touching must be intentional and against the other person’s will. Truly accidental contact — like bumping into someone in a doorway — doesn’t constitute battery. But once you cross the line into intentional, non-consensual touching, the fact that you didn’t want anyone to get hurt may not be a complete defense.

Why “I Didn’t Mean to Hurt Them” Usually Isn’t Enough

When clients tell me they didn’t mean to cause harm, they’re often making what lawyers call a “specific intent” argument. They’re saying they didn’t specifically intend the harmful result. Unfortunately, battery is what we call a “general intent” crime. This means the prosecution only needs to prove you intended to commit the act (the touching) that resulted in the offense, not that you intended all of the consequences that flowed from that act.

Consider this common scenario: During a heated argument, you grab your partner’s wrist to prevent them from walking away. You don’t intend to hurt them; you just want them to stay and finish the conversation. But the grab is forceful enough to leave a bruise. Your partner calls the police.

In this situation, saying, “I didn’t mean to hurt them,” actually hurts your defense. It acknowledges the intentional touching but focuses on your lack of intent regarding the injury. However, because you intentionally grabbed their wrist against their will, you’ve satisfied the legal definition of battery. The bruise becomes evidence of the offense, not a required element that you had to specifically intend.

That’s why your Broward domestic violence defense lawyer may advise you against arguing a lack of intent to cause harm, as that alone is rarely a winning strategy in these cases.

So What Defense Strategies Actually Work?

The good news is that experienced domestic violence defense attorneys have numerous strategic approaches that may be more effective than simply arguing you didn’t mean to cause harm. The right strategy depends on the specific facts of your case, the available evidence, and your goals (whether that’s complete dismissal, reduced charges, or minimizing consequences). Continue reading

November 13, 2025

The Collateral Consequences of a Domestic Violence Conviction in Fort Lauderdale

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

If you’re facing domestic violence charges in Fort Lauderdale, you might be focused solely on avoiding jail time or probation. While these immediate penalties are certainly serious, the collateral consequences of a domestic violence conviction can affect your life for years—or even decades—after your case concludes. Understanding these hidden penalties is crucial when deciding whether to hire a Fort Lauderdale criminal defense attorney or attempt to represent yourself.

Loss of Gun Rights: A Federal Prohibition

One of the most significant collateral consequences of a domestic violence conviction is the permanent loss of your Second Amendment rights. Under federal law, specifically the Lautenberg Amendment to the Gun Control Act, anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms or ammunition for life. This isn’t just a Florida restriction—it’s a federal prohibition that follows you nationwide.

For law enforcement officers, military personnel, or security professionals in Fort Lauderdale, this consequence alone can end a career. Even recreational gun owners face a lifetime ban with no possibility of restoration.

A Fort Lauderdale criminal defense attorney can explore alternatives like pretrial diversion programs or negotiate reduced charges that don’t trigger this federal firearm prohibition.

Professional Licensing Complications

Florida’s professional licensing boards take domestic violence convictions seriously. Under Florida Statute § 741.30, domestic violence is defined as any assault, battery, or other criminal offense resulting in physical injury or death between family or household members. A conviction under this statute can jeopardize professional licenses for:

Healthcare workers (doctors, nurses, EMTs)
Attorneys and legal professionals
Real estate agents and brokers
Teachers and educators
Financial professionals and accountants

Many licensing boards consider domestic violence a crime of moral turpitude, which can result in license suspension, revocation, or denial of renewal. Even if you avoid jail time, losing your professional license could devastate your career and earning potential. At The Ansara Law Firm, we understand how to present your case in a way that protects not just your freedom, but your livelihood.

Immigration Consequences for Non-Citizens

September 13, 2025

Can Self-Defense Be Used in a Florida Domestic Violence Case?

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

When emotions run high in domestic disputes, situations can escalate quickly from verbal arguments to physical confrontations. If you’ve been arrested for domestic violence in Florida after defending yourself from an attack by a partner or family member, you may be wondering whether self-defense can be used as a legal defense in your case. The answer is nuanced, but yes—self-defense can potentially be used in Florida domestic violence cases under specific circumstances.

Understanding Florida’s Self-Defense Laws

Florida’s self-defense statutes are among the most comprehensive in the nation, including the well-known “Stand Your Ground” law. The primary law governing self-defense in Florida is F.S. § 776.012, which establishes when a person is justified in using force to protect themselves or others.

Under this statute, a person is justified in using or threatening to use non-deadly force if they reasonably believe such force is necessary to defend themselves against another person’s imminent use of unlawful force. For deadly force, the standard is higher—it must be reasonably believed to be necessary to prevent imminent death or great bodily harm.

The Unique Challenges of Self-Defense in Domestic Violence Cases

While self-defense is a recognized legal principle in Florida, asserting this defense in domestic violence cases presents unique challenges that defendants and their attorneys must carefully navigate.

The “He Said, She Said” Problem

Domestic violence incidents typically occur in private settings without independent witnesses. This creates what legal professionals often refer to as a “he said, she said” situation. Law enforcement officers arriving at the scene must make quick determinations based on limited information, often relying on visible injuries, the demeanor of the parties involved, and statements made at the scene.

Unfortunately, these initial assessments don’t always capture the full picture of what transpired. The person who initiated the violence may not show visible injuries, while the person who defended themselves may have caused more apparent harm in their efforts to protect themselves.

Societal and Legal Bias

Florida courts and law enforcement are rightfully sympathetic to victims of domestic violence, particularly given the serious nature of domestic abuse and its prevalence in our society. However, this sympathy can sometimes create an environment where self-defense claims are viewed with skepticism, especially when they come from defendants who caused visible injury to their alleged victims.

The Burden of Proof

The key to this defense, however, is being able to provide evidence of the imminent threat to prove that your actions were justified. This is particularly challenging in domestic violence cases where evidence may be limited and emotions are high.

Essential Elements of a Self-Defense Claim

To successfully assert self-defense in a Florida domestic violence case, several critical elements must be established:

1. Imminent Threat of Harm

The threat must be immediate and real, not speculative or based on future harm. You cannot claim self-defense against a threat that might materialize later or in response to verbal threats alone, unless those threats are accompanied by actions that create a reasonable fear of imminent physical harm.

2. Reasonable Belief of Necessity

Your belief that force was necessary to protect yourself must be reasonable under the circumstances. This is evaluated from the perspective of a reasonable person in your situation, considering factors such as the size and strength of the parties involved, any weapons present, and the history of violence in the relationship.

3. Proportional Response

The force used in self-defense must be proportional to the threat faced. You cannot use deadly force in response to a minor threat of non-deadly force. The response must be reasonable given the nature and severity of the threat.

4. No Provocation

Under Section 776.041, Florida Statutes, self-defense is not available where the defendant initially provoked the violence. If you started the physical confrontation or provoked the violence through your actions, claiming self-defense becomes much more difficult, though not impossible under certain circumstances.

Florida Statute § 776.041: When Self-Defense Is Limited

It’s crucial to understand that Florida Statute § 776.041 limits the availability of self-defense claims when the defendant provoked the violence. However, even if you initially provoked the confrontation, you may still be able to claim self-defense if: Continue reading

August 27, 2025

Florida Domestic Violence Beyond Intimate Partners

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

If you’re facing domestic violence charges in Fort Lauderdale involving a roommate, family member, or other household member who isn’t your intimate partner, you’re likely feeling confused and overwhelmed. Many people assume domestic violence laws only apply to spouses, boyfriends, or girlfriends, but Florida’s statutes can potentially cast a wider net. Understanding how these charges work—and how they differ from typical domestic violence cases—is crucial for protecting your rights and your future.

Florida’s Expansive Definition of Domestic Violence

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

The key phrase here is “family or household member,” which Florida law defines much more broadly than many people realize. According to Florida Statute 741.28(3), this includes:

Spouses, former spouses, and persons related by blood or marriage
Persons who are presently residing together as if a family or who have resided together in the past as if a family
Persons who are parents of a child in common regardless of whether they have been married or have resided together at any time
Persons who have resided together as a family unit, even if not related by blood or marriage

This last category is where many people find themselves unexpectedly caught up in domestic violence charges involving roommates, long-term houseguests, or other non-romantic cohabitants.

How Roommate and Family Member Cases Arise

The Roommate Scenario

Living with roommates, whether friends, acquaintances, or strangers, can create unique tensions. When disagreements escalate—over bills, cleanliness, noise, guests, or any number of household issues—what might normally be considered a simple battery or assault can become a domestic violence charge — but only if certain conditions are met.

For roommates to fall under Florida’s domestic violence statute, they must have “resided together as a family unit.” This doesn’t require a romantic relationship or blood relation. Courts look at factors such as:

Duration of cohabitation: How long have you lived together?
Shared responsibilities: Do you split household duties, bills, or expenses?
Interdependence: Do you rely on each other for transportation, childcare, or other needs?
Presentation to others: Do you present yourselves as a household unit to neighbors, landlords, or others?

Extended Family Situations

These charges also commonly arise in multigenerational households where adult children live with parents, or when extended family members share a home. The stress of multiple adults with different lifestyles, schedules, and expectations living under one roof can sometimes lead to conflicts that escalate into physical confrontations.

The Emotional Complexity

What makes these cases particularly challenging is the ongoing relationship dynamic. Unlike stranger-on-stranger violence, these situations involve people who must continue living together or seeing each other regularly. The alleged victim may feel pressure to minimize the incident or may have mixed feelings about pursuing charges, while the accused often feels betrayed by someone they trusted.

How These Cases Differ from Typical Domestic Violence Cases

Relationship Dynamics

Traditional domestic violence cases typically involve intimate partners with complex emotional histories, potential financial dependence, and often patterns of control or abuse. The relationship itself is central to understanding the alleged crime.

Roommate/family member cases often stem from practical disputes rather than relationship control issues. The underlying conflict might be about household responsibilities, personal space, or lifestyle differences rather than power and control within an intimate relationship.

Evidence and Witness Challenges

In roommate situations, there are often more potential witnesses since multiple people may live in the home. However, these witnesses may be reluctant to get involved in what they see as a “roommate dispute” rather than serious criminal conduct.

The physical evidence may also be different. While intimate partner violence often occurs in private spaces, roommate conflicts might happen in common areas where evidence is more readily apparent to others.

Prosecution Approach

August 16, 2025

Do You Have to Leave Your Home After a Domestic Violence Arrest?

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

Being arrested for domestic violence in Fort Lauderdale can turn your world upside down in a matter of hours. Beyond the immediate shock of arrest and booking, many defendants face a terrifying question: “Will I be able to go home?” The answer isn’t always straightforward, and understanding your rights and options is crucial during this overwhelming time.

The Immediate Reality: What Happens After Arrest

When you’re arrested on domestic violence charges in Broward County, the legal system moves quickly to implement protective measures. Here’s what typically unfolds:

First Appearance Hearing: Within 24 hours of your arrest, you’ll appear before a judge for your first appearance. This isn’t a trial – it’s where the judge will determine your bail conditions and address any immediate safety concerns.

Automatic No-Contact Orders: In most domestic violence cases, the court will issue a no-contact order as a standard protective measure. This order typically prohibits you from:

Contacting the alleged victim directly or indirectly
Going to their workplace, school, or other frequented locations
Returning to a shared residence if the alleged victim lives there

The Home Dilemma: If you and the alleged victim share a home, this creates an immediate housing crisis. Even if your name is on the lease or mortgage, the no-contact order can effectively bar you from your own residence.

Your Housing Options When Barred from Home

Finding yourself suddenly homeless while facing criminal charges adds another layer of stress to an already difficult situation. Here are your immediate options:

Temporary Accommodations. You may need to stay with family, friends, or in temporary housing while your case is pending. This disruption can last weeks or months, affecting your job, children’s routines, and financial stability.
Modification Requests. Your attorney can petition the court to modify the no-contact order under specific circumstances. The court may allow supervised contact or permit you to retrieve essential belongings with police escort.
Alternative Living Arrangements. If you have children together, the court may need to address temporary custody arrangements that allow you to maintain your parental relationship while respecting the protective order.

The Bail Process and Conditions

Your ability to be released from jail depends on several factors that the judge will consider:

Bail Determination. The judge will set bail based on the severity of charges, your criminal history, ties to the community, and perceived flight risk. Domestic violence cases often involve higher bail amounts due to safety concerns.

Conditions of Release. Beyond paying bail, you’ll likely face strict conditions including:

Mandatory anger management or domestic violence counseling
Alcohol or drug testing if substances were involved
GPS monitoring in some cases
Prohibition from possessing firearms

Violation Consequences. Violating any condition of your release can result in immediate re-arrest and higher bail, making compliance absolutely critical.

The Broader Impact on Your Life

A domestic violence arrest creates ripple effects that extend far beyond the courtroom:

Employment Concerns. Many employers conduct background checks, and an arrest (even without conviction) can jeopardize your job. Professional licenses may also be at risk.
Child Custody Issues. If you have children, temporary custody arrangements may be necessary. The Department of Children and Families might become involved, adding another layer of complexity.
Financial Strain. Between bail, attorney fees, temporary housing costs, and potential lost wages, the financial burden can be overwhelming.
Relationship Dynamics. Even if you and the alleged victim want to reconcile, the legal system’s protective measures can make communication and resolution challenging.

June 15, 2025

The Role of 911 Calls in Fort Lauderdale Domestic Violence Cases: What You Need to Know

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

When domestic violence charges are filed in Fort Lauderdale, you may be concerned about one piece of evidence in particular: the 911 call. These recorded conversations can be pivotal in shaping how prosecutors and defense attorneys approach a case, yet many defendants don’t fully understand how this evidence works or what it means for their defense strategy.

How 911 Calls Function as Evidence in Florida Domestic Violence Cases

In Florida’s criminal justice system, 911 recordings serve as contemporaneous evidence—capturing statements and emotions in real-time as events unfold. These calls typically contain several key elements that courts examine closely:

The caller’s emotional state is often immediately apparent through voice inflection, crying, shouting, or panic. Prosecutors frequently use this emotional distress to demonstrate the severity of an alleged incident and the victim’s state of mind.

Background sounds can be equally telling. Courts may hear shouting, arguing, physical altercations, or other contextual audio that either supports or contradicts the caller’s account of events.

Spontaneous statements made during the heat of the moment are generally considered more reliable than prepared testimony, making these recordings particularly powerful evidence under Florida’s evidence rules.

The Double-Edged Nature of 911 Evidence

What makes 911 calls particularly complex in domestic violence cases is their ability to cut both ways. While prosecutors may sometimes rely on these recordings to help establish their case, defense attorneys can use the same evidence to raise reasonable doubt.

When 911 calls help the prosecution:

Clear statements describing violence or threats
Emotional distress that suggests genuine fear
Background evidence of ongoing altercations
Requests for immediate medical attention

When 911 calls benefit the defense:

Inconsistencies between the call and later testimony
Exaggerated claims that don’t match physical evidence
Evidence of the caller’s impairment or emotional instability
Admissions that contradict the prosecution’s theory

Consider a case where a caller reports being “beaten up” but medical records show only minor scratches. Or when someone claims to fear for their life but the 911 recording reveals them yelling aggressively in the background. These inconsistencies can become powerful tools for the defense.

Why 911 Calls Rarely Make or Break a Case

Despite their dramatic impact, 911 recordings are just one piece of a much larger evidentiary puzzle. Florida courts require prosecutors to prove domestic violence charges beyond a reasonable doubt using the totality of evidence available.

The limitation of audio evidence is that it captures only a snapshot of events. As a Fort Lauderdale criminal defense lawyer can explain, there’s no visual context, important details may be missing or misinterpreted. A person might sound panicked due to fear, intoxication, mental health issues, or even anger rather than victimization.

Timing can be misleading as well. What sounds like an immediate response to violence might actually be a reaction to an argument that occurred hours earlier, or the culmination of mutual combat rather than one-sided aggression.

Other Critical Evidence That Shapes Domestic Violence Cases

Fort Lauderdale domestic violence cases typically involve multiple types of evidence that can have substantial impact on the outcome:

Medical records and photographs provide objective documentation of injuries—or the lack thereof. When 911 calls describe severe violence but medical evidence shows minimal injury, this creates reasonable doubt about the severity or nature of the alleged incident.
Text messages and social media communications often reveal the ongoing dynamics between parties. These digital records can show patterns of behavior, threats, reconciliation attempts, or evidence that contradicts official statements.
Witness testimony from neighbors, family members, or responding officers can either corroborate or undermine the 911 caller’s account. Sometimes witnesses provide crucial context that the audio recording cannot capture.
Physical evidence from the scene—broken items, damaged property, or the defendant’s injuries—helps reconstruct what actually occurred versus what was reported.
Police body camera footage has become increasingly important, capturing the immediate aftermath of incidents and the demeanor of all parties involved.
Prior incidents or patterns may be introduced to establish context, though Florida’s evidence rules carefully limit when and how this information can be used.

The Complexity of Domestic Violence Defense

Domestic violence cases in Fort Lauderdale involve unique legal challenges that extend far beyond typical criminal defense work. These cases often intertwine with family court proceedings, immigration issues, professional licensing concerns, and long-term relationship dynamics.

The intersection with injunctions means that criminal charges often run parallel to civil protection order proceedings. Evidence from 911 calls can impact both cases simultaneously, requiring careful coordination of defense strategies.
Victim cooperation issues frequently arise when alleged victims don’t want to prosecute, change their stories, or seek to reconcile. However, prosecutors can often proceed with cases even without victim cooperation, using 911 recordings as primary evidence.
Enhanced penalties under Florida law mean that domestic violence convictions carry serious consequences including mandatory counseling, potential firearm restrictions, and enhanced sentences for repeat offenses.

Why Specialized Experience Matters

The stakes in domestic violence cases extend far beyond potential jail time. Convictions can affect employment opportunities, professional licenses, child custody arrangements, immigration status, and fundamental rights like firearm ownership.

Understanding the prosecution’s approach is crucial because state attorneys in Broward County often have specialized domestic violence units with specific protocols and strategies. An experienced domestic violence defense attorney knows how these prosecutors think and can anticipate their moves.
Technical expertise with evidence becomes essential when challenging 911 recordings. Issues like audio quality, chain of custody, proper foundation, and hearsay exceptions require specific knowledge of evidence law as applied to domestic violence cases.
Negotiation skills in this context differ significantly from other criminal matters. Prosecutors may be willing to consider alternative resolutions like pre-trial diversion or reduced charges, but only when presented with compelling mitigation or strong challenges to their evidence.
Trial experience specific to domestic violence matters provides insight into how Broward County juries respond to different types of evidence and arguments. What works in a drug case may backfire completely in a domestic violence trial.

Moving Forward with Your Defense

June 3, 2025

Can Domestic Violence Charges Be Dropped in Broward County? Understanding Your Rights and Options

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

Being arrested for domestic violence in Broward County can turn your world upside down in an instant. But here’s something many people don’t realize: an arrest doesn’t automatically mean you’ll face criminal charges. Understanding how the charging process works—and when charges can be dropped—is important when your freedom and future is at stake.

The Reality Behind Domestic Violence Arrests vs. Charges

In Florida, domestic violence isn’t a standalone crime but rather an enhancement that applies to various offenses when they occur between family or household members. Under Florida Statute § 741.28, domestic violence can include actions such as assault, battery, sexual assault, stalking, kidnapping, or any criminal offense resulting in physical injury or death when committed by one family or household member against another.

When law enforcement responds to a domestic violence call in Broward County, they often make arrests based on probable cause—a relatively low standard that merely requires reasonable belief that a crime occurred. However, as a Broward domestic violence lawyer can explain, this arrest is just the beginning of a complex legal process, not the end of your story.

Who Really Decides Whether Charges Get Filed?

Contrary to popular belief, victims don’t “press charges” in domestic violence cases. In Broward County, that decision rests entirely with the State Attorney’s Office for the 17th Judicial Circuit. Prosecutors review the evidence independently and make charging decisions based on what they believe they can prove in court beyond a reasonable doubt.

This prosecutorial discretion means that even when an arrest occurs, the state attorney may decide not to file formal charges for various reasons:

Insufficient evidence to prove the case beyond a reasonable doubt
Witness credibility issues
Constitutional violations during the investigation
Evidence that contradicts the initial police report

The Unique Nature of Domestic Violence Prosecutions

Broward domestic violence cases differ significantly from other criminal matters, particularly regarding victim cooperation. Under Florida Statute § 90.804(2)(a), prosecutors can sometimes proceed without the alleged victim’s testimony by using hearsay exceptions, such as excited utterances made during 911 calls or statements to responding officers.

However, victim non-cooperation still presents substantial challenges for prosecutors. When alleged victims recant their statements, refuse to testify, or become uncooperative, it often weakens the state’s case considerably. Unlike other crimes where multiple independent witnesses might exist, domestic violence typically occurs in private settings with limited evidence beyond conflicting accounts.

How Early Legal Intervention Can Prevent Charges

The window between arrest and formal charging—typically 21 days in Florida under Florida Rule of Criminal Procedure § 3.134—represents a critical opportunity. During this period, an experienced domestic violence defense attorney can:

Conduct Independent Investigation. Gathering evidence that contradicts the state’s narrative, including witness statements, medical records, photographs, and electronic communications that provide context or alternative explanations.
Challenge Evidence Collection. Identifying potential Fourth Amendment violations, Miranda rights violations, or other constitutional issues that could render evidence inadmissible.
Communicate with Prosecutors. Presenting exculpatory evidence and legal arguments directly to the prosecutor’s office before charging decisions are made. This proactive approach often proves more effective than reactive defense strategies.
Address Victim Concerns. When appropriate and ethical, helping facilitate communication between parties to clarify misunderstandings or address underlying issues that led to the incident.

The Strategic Advantage of Early Representation

Prosecutors make charging decisions based on the evidence available to them at the time. If they only see the police report and initial witness statements, they’re working with an incomplete picture. Early legal intervention allows defense attorneys to present the full story before charges are filed.

Consider this scenario: Police arrest someone after responding to a domestic disturbance call where the alleged victim has visible injuries. The initial report might paint a clear picture of guilt. However, a Fort Lauderdale defense attorney’s investigation might reveal:

The injuries resulted from an accident during a verbal argument.
The alleged victim was the initial aggressor.
Both parties had been drinking, affecting their ability to accurately recall events.
Text messages or social media posts contradict the alleged victim’s statement.

Presenting this evidence before charges are filed can prevent the case from ever reaching the courtroom.

When Charges Can Be Dropped After Filing

Even after formal charges are filed, dismissal remains possible under certain circumstances:

Lack of Evidence. If new evidence emerges that undermines the prosecution’s case or if key evidence is ruled inadmissible.
Victim Non-Cooperation. While prosecutors can proceed without victim cooperation, practical challenges may lead to dismissal when victims refuse to testify and other evidence is insufficient.
Constitutional Violations, Evidence obtained through illegal searches, improper interrogations, or other rights violations may be excluded, potentially forcing dismissal.
Prosecutorial Discretion. Prosecutors may dismiss charges in the interest of justice, particularly in cases involving minimal harm, first-time offenders, or where prosecution wouldn’t serve the public interest.

The No-Contact Order Complication

Florida courts typically issue no-contact orders as a condition of bond in domestic violence cases, prohibiting contact between the defendant and alleged victim. These orders can significantly impact families and relationships, making early resolution even more crucial. Under Florida Statute § 741.30, violating these orders constitutes a separate criminal offense, creating additional legal jeopardy.

Building Your Defense Strategy

May 17, 2025

Why Mental Health Evaluations Matter for Your Fort Lauderdale Domestic Violence Defense

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

An important but often overlooked element in criminal domestic violence cases is the role of mental health evaluations. As an experienced Fort Lauderdale criminal defense attorney, we understand that these cases rarely present in black and white terms. The psychological states of both the accused and the accuser can significantly impact the nature of allegations, the circumstances surrounding an incident, and ultimately, the legal outcome of a case.

Mental health evaluations can serve as powerful tools in developing effective defense strategies for domestic violence cases in Florida.

Understanding Florida’s Domestic Violence Laws

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 criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

The statute covers incidents between family or household members who currently reside together or have previously resided together, including spouses, former spouses, persons related by blood or marriage, persons who have a child in common, and individuals who are or have been in a dating relationship.

Common Penalties for Domestic Violence in Broward County

Domestic violence charges in Florida typically result in:

Mandatory minimum 5-day jail sentence (F.S. § 741.283)
26-week Batterer’s Intervention Program (F.S. § 741.281)
No contact orders and possible permanent injunctions
Firearm possession prohibitions
Long-term consequences for employment, housing, and custody arrangements

Additional penalties – and potentially felony charges – are possible, depending on the circumstances. This is particularly true if:

The victim was seriously hurt.
There is a history of domestic violence.
The accused violated an active no contact order.

The Role of Mental Health in Domestic Violence Cases

For the Accused: Mental Health as Context

Mental health conditions don’t excuse domestic violence. However, they can provide critical context that might affect criminal culpability or appropriate sentencing. Common relevant conditions include:

Post-Traumatic Stress Disorder (PTSD). Particularly prevalent among veterans or those with traumatic backgrounds, PTSD can manifest as hypervigilance, exaggerated startle responses, and emotional regulation difficulties.
Substance Use Disorders. According to the National Coalition Against Domestic Violence, substance abuse factors into 40-60 percent of domestic violence incidents. While intoxication isn’t a legal defense, it may affect the defendant’s intent element required for certain charges.
Impulse Control Disorders. Conditions affecting impulse regulation can be relevant factors in understanding behavioral patterns.
Major Depression and Bipolar Disorder. Mood disorders can significantly impact judgment, perception, and behavior.
Personality Disorders. Certain personality disorders may contribute to relationship dynamics that escalate to allegations of abuse.

Under Florida Statute § 921.0026(2)(d), a defendant’s mental disorder can serve as a mitigating factor during sentencing if it “significantly reduced the defendant’s capacity to appreciate the criminality of conduct or to conform that conduct to the requirements of law.”

For the Accuser: Evaluating Allegations in Context

Mental health evaluations can also be relevant when assessing the credibility and context of allegations:

Memory and Perception. Certain psychological conditions can affect how events are perceived, interpreted, and recalled.
False Allegations. While relatively rare, mental health issues might contribute to false or exaggerated allegations in some cases.
Prior Trauma History. An accuser’s trauma history might influence their interpretation of events or interactions.
Co-occurring Conditions. Substance abuse or certain personality disorders might impact reliability or consistency of statements.

Types of Mental Health Evaluations in Legal Defense

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