Articles Posted in Domestic Violence

A domestic violence injunction is intended in Florida as a means of protecting individuals from harm by those who have previously shown aggression or other dangerous tendencies.

Most often, people think of injunctions or restraining orders as being granted when a paramour physically attacks his love interest. It’s true this is often the case. However, what we are increasingly seeing is domestic violence injunctions granted in cases where no violence is reported, but rather the defendant is accused of “cyberstalking.”

Our Fort Lauderdale domestic violence injunction defense attorneys know the burden of proof is lesser with requests for protection than for criminal conviction. It’s not uncommon for an injunction to be granted, even when there is no criminal conviction or even arrest for the underlying actions alleged. With a cyberstalking allegation, it’s possible one could have an injunction against them without ever touching or even talking to the person filing the request.
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A domestic violence injunction is not as bad on your permanent record as a criminal domestic abuse conviction, but the person on the receiving end can still suffer serious consequences.

As a public record, it can be viewed by anyone, even when the allegations aren’t proven. This can have a direct impact on career and educational opportunities. It can also result in the restriction of gun ownership rights and other freedoms. Sometimes referred to as “restraining orders,” injunctions can arise out of a criminal case or be requested through a civil filing. They may also significantly impact the outcome of child custody and divorce proceedings.

Hiring an experienced domestic violence defense attorney in Fort Lauderdale can help to effectively defend those facing injunctions or criminal charges. In many cases we can reduce the chances that a temporary order will be granted or that a temporary order will give way to a permanent one.
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A new report released by the U.S. Bureau of Labor Statistics indicates that nearly a quarter of all violent victimizations in the country – including rape, sexual assault, robbery and aggravated and simple assault – stemmed from a domestic situation.

Analysts culled victim-offender relationship data from the National Crime Victimization Survey over the 10-year period, and determined that 15 percent were the result of intimate partner violence, 4 percent by immediate family members and 2 percent by other relatives. Casual or well-known acquaintances accounted for 32 percent of all violent incidents, while strangers accounted for nearly 40 percent.

Our Domestic violence defense attorneys in Fort Lauderdale recognize that society has an interest in protecting victims of serious crime. However, too often the pendulum has swung the other way, making it far too easy for an exaggerated report or an incident of mutual violence to result in serious charges and lifelong consequences.
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It’s not unusual in Fort Lauderdale domestic violence cases for prosecutors to offer defendants a plea “deal.”

However, experienced criminal defense lawyers know that all too frequently, these offers are not advantageous to the accused – particularly when there may be grounds to have the charges significantly reduced or dismissed.

Prosecutors pose the offer as if it is one or the other: Plead guilty and take the “deal” or go to trial and face jail or prison time. Public defenders, who are often overworked and underpaid, may not have the time or resources to mount a viable defense. You may be urged to simply take the deal.
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The Florida Department of Children and Families received a spate of calls regarding alleged abuse involving a father and his young son.

Authorities dug deeper to learn the accused had recently been embroiled in a custody battle with his ex-wife over the son in question. Investigators found no evidence of abuse, and this resulted in three individuals – the ex-wife and two of her friends – being arrested for making a false report of child abuse.

Our Fort Lauderdale domestic violence attorneys know that such outcomes are rare. In a great number of these cases, authorities are hasty in making arrests, for fear of being held liable in some way if they fail to act and something more serious occurs.
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Glittering lights may adorn the outside of many homes this time of year.

Too often though, that facade betrays the darker reality of what is occurring behind closed doors.

There is no question that the number of domestic violence charges in Browardand elsewhere spike during the holiday season. Contributing factors include financial pressures, unrealistic expectations and often, the increased consumption of alcohol. Also during this time, couples who might be on the brink of breaking up will try to hold it together through the first of the year – only to find tensions rise to the breaking point and beyond.
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Years ago, a bad break-up might linger in your mind for a few weeks or months, giving way to the occasional pang of rejection or regret only every so often.

Even if forgetting wasn’t fully possible, it was easier back then to let go.

Our Fort Lauderdale criminal defense lawyers know it’s much tougher these days because updates on virtually anyone’s ex are available with just a few clicks. Social media connections are such that it may seem you are never truly able to disconnect and move on. This is compounded by the fact that we all have such instantaneous access to voice our immediate anger and frustrations – in some cases very publicly. It’s no wonder that cases of harassment and aggravated stalking have risen in recent years.
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An argument over a pot-gobbling pooch ended with a South Florida model in handcuffs after telling deputies her boyfriend had repeatedly walked into the knife in her hand.

The 26-year-old was arrested for domestic battery in Dania Beach after responding deputies took note of a couple small knife cuts to the boyfriend’s head and face and another cut across his hand. He was not seriously injured and did not require hospitalization.

Although reporters described the judge as “bemused” as he read aloud the incident report before the court during the defendant’s first appearance, a charge of domestic battery is no laughing matter.
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A Florida appellate court has ruled that a woman who received two decades behind bars for firing a warning shot at her reportedly abusive husband – a shot that injured no one – is entitled to a new trial.

Our domestic violence defense attorneys in Fort Lauderdale are familiar with the case, in which the defendant was given a mandatory 20-year sentence by a reluctant judge after a conviction on a charge of aggravated assault with a deadly weapon.

The appellate court’s decision in Alexander v. State of Florida hinged on the fact that the jury had been improperly instructed with regard to the issue of self-defense. Prior to the conviction, the jury had been told that in order for her to claim self-defense, she would have to prove beyond a reasonable doubt that she believed her husband was about to seriously harm her or her children, who were present in the home.
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A 25-year-old man from Coconut Creek has been arrested for stalking pro-golfer Morgan Pressel – the third time since 2009 that he’s been arrested for the same offense. He’s been arrested on at least four other occasions since 2007 for trespassing and contempt of court.

Authorities say the defendant began harassing Pressel via Twitter several days before he attempted to gain access to the gated community where she lives, telling a security guard that he was her boyfriend. The security guard, aware of the restraining order, contacted sheriff’s deputies. At the time of his arrest, he was subject to an order of protection mandating he stay at least 500 feet from her and her home.

The case was made particularly noteworthy because of the celebrity element. It’s fairly obvious when hearing the defendant’s explanation (that another professional golfer, Jack Nicklaus, and the CIA had instructed him to go to Pressel’s home) that there is something amiss. However, our Fort Lauderdale criminal defense lawyers know that the majority of stalking arrests in Florida stem from domestic disputes or between individuals who actually know one another.
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