domestic violence defense

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

March 6, 2023

Why Self-Defense is a Risky Claim in Broward Domestic Violence Cases

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

Although society tends to view domestic violence as a one-sided crime, the reality is often a bit messier than that. It’s not unusual for both sides to be physical with each other. Yet law enforcement in Florida are statutorily urged to identify and arrest just one primary aggressor.

One can argue mutual combat or self-defense in a Broward domestic violence case – but these approaches are risky. As our Fort Lauderdale criminal defense lawyer can explain, self-defense is an affirmative defense – meaning you admit to the accused action, but argue it justified to avoid the legal affect it would otherwise have. Yes, the violent act occurred, but it was reasonably necessary in order to prevent the other person’s imminent use of unlawful force against themselves or someone else. According to F.S. 776.012, there is no duty to retreat. Further, as noted in F.S. 776.103, a person who is in their own home or vehicle is presumed by law to have a reasonable fear of imminent death or bodily harm if the alleged victim unlawfully entered or remained or attempted to remove another person against their will. Of course, in domestic situations, the question will be whether entry was unlawful – which it would not be if the residence is shared.

Florida has relatively strong self-defense statutes that protect one’s right to fight off an attacker in the face of immediate danger. However, courts expect solid evidence of that imminent threat. This is much more straightforward in situations where a stranger enters the home. In cases of domestic violence, self-defense is tougher to prove.

December 5, 2022

Fighting to Dissolve a Florida Domestic Violence Injunction – Even Decades Later

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

A Florida domestic violence injunction has the potential to significantly impact the respondent for years to come. An injunction will show up on background checks, impacting your ability to obtain certain types of employment, travel freedoms, clearance for certain government jobs, and your right to own a firearm and ammunition. Any violations are considered criminal and can result in arrest and prosecution.

Once you have a permanent domestic violence injunction against you, it can last indefinitely – removable only if you petition the court and successfully prove a material change in circumstances that removes the claimant’s previously reasonable continuing fear of becoming a victim of domestic violence. Filing a motion with the court asking for dissolution of a Florida domestic violence injunction is best done with the assistance of an experienced domestic violence defense attorney.

As illustrated in the recent case of Bak v. Bak before Florida’s Fourth District Court of Appeals, fighting for dissolution of a domestic violence injunction can take years – decades, even. But the fact that it’s still worth it to do so even after all those years just goes to further underscore the importance of putting up a strong defense against having them issued in the first place.

The Bak case goes all the way back to the summer of 1999, when the former wife alleged her then-husband was abusive toward her. The judge granted a temporary injunction (which isn’t difficult to obtain in Florida, as it only requires testimony and evidence from the petitioner). A couple weeks later, a permanent injunction was filed, and the pair divorced shortly thereafter.

Thirteen years passed. In 2012, the husband asked the court to have the injunction dissolved, arguing that changed circumstances had made it equitable to do so. As noted by the court, success in this argument would require the moving party to show that the scenario underlying the injunction no longer exists so that continuation of the injunction no longer serves a valid purpose (as pointed out in the 2011 Fla. 1st DCA case of Alkhoury v. Alkhoury). The request was denied. Two years later, he again requested an end to the injunction – and was again denied. In that ruling, the judge cited the ex-wife’s reasonable continuing fear based on the fact that their minor child still lived at her home. Another five years passed. He filed a third request to have the Florida domestic violence injunction dissolved. Again, the trial court denied his request. But instead of accepting this decision as final, he appealed – and prevailed.

According to the 4th DCA, the former husband made a number of compelling arguments, including: Continue reading

October 7, 2022

Arrested for Fort Lauderdale Domestic Violence While on Probation?

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

If you are arrested on a Fort Lauderdale domestic violence charge while on probation, it may result in harsher penalties – and the need for a strong defense strategy.

Probation is a form of alternative punishment that allows individuals convicted of an offense to fulfill the terms of a sentence while outside prison or jail. The oversight of a probation office or officer is supposed to serve the function of public safety, while allowing the offender the opportunity to work and contribute to society – in the hopes of rehabilitation and possibly victim restoration. The conditions of probation vary depending on the underlying offense, criminal history of the individual, and the judge who handed down the sentence. However, most terms of probation require the defendant to abide by all local, state, and federal laws.

When a new offense is committed by someone on probation, that person not only faces potential consequences for the new offense, but additional penalties for a probation violation.

Florida’s probation violation statute is F.S. 948.06.

While a criminal conviction may require proof beyond a reasonable doubt, probation violations aren’t held to that same proof burden standard. The probation officer/prosecutor only needs to show you violated the terms of your probation by a proof standard of “a preponderance of the evidence.” In layman’s terms, that means you more likely than not violated the probation rules.

As our Broward domestic violence defense lawyers can explain, you might evade a criminal conviction for the new offense but still be found to have violated your probation. And in that situation, you might be given the maximum penalty for the original underlying offense (the one for which you were on probation in the first place).

This is why it is so important if you’re accused of a probation violation to seek immediate counsel from a criminal defense attorney. Continue reading

August 30, 2022

Types of Evidence Used in Broward Domestic Violence Cases

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

If you are arrested in a Broward domestic violence case, you may be wondering what evidence the state might use against you.

As experienced Fort Lauderdale criminal defense attorneys, we know at the outset exactly the sorts of things prosecutors are going to be deep diving for to make their case.

Just like in any Florida criminal case, the burden of proof rests with the prosecution to prove in court that a crime was committed and that the accused is guilty of it. They are held to the highest standard of proof, which is beyond a reasonable doubt. Despite this, they have a fairly good conviction rate for domestic violence cases. According to one study by the Bureau of Justice Statistics, domestic violence sexual assault defendants are more likely to be prosecuted (89 percent) than non-domestic sexual assault defendants (73 percent). Domestic violence defendants were as likely to be prosecuted (66 percent) as non-domestic assault defendants (67 percent), but their conviction rates are substantially higher (87 percent versus 78 percent).

Elements of a Florida Domestic Violence Charge

If you’re facing a charges under F.S. 784.03 (battery and felony battery) what the prosecution basically has to show is:

The defendant actually and intentionally struck the other person against that person’s will.
The defendant intentionally caused bodily harm to another person.

If the prosecution is trying to prove a domestic violence crime specifically under F.S. 741.28, they will need to show the basic elements of the underlying crime (which can include assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense relating to physical injury) AND that the target was a family or household member. A family or household member can mean a spouse, people related to you by blood or marriage, people who reside together as if they are a family (or who have in the past), or someone with whom you share a child. Unless you share a child together, domestic violence can only be established if the defendant and accuser currently live together as a family or had in the past. Continue reading

June 15, 2021

Consequences of Florida Domestic Violence Arrests, Convictions

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

Florida domestic violence criminal defense requires an attorney with extensive experience and a history of success in these cases. This is especially true considering there are increasingly serious consequences to domestic violence arrest and conviction, even outside of the criminal justice system. The professional damage, for instance, can be substantial.

Recently, a report on the NFL’s evolving response to players’ alleged domestic violence made national headlines, though there isn’t great consistency. In one instance, a Minnesota Vikings cornerback accused of felony assault against his girlfriend hasn’t lost his job. He’s been kept on the roster after being selected in the first round of the NFL draft last year. By contrast, an undrafted offensive tackle from Seattle charged with felony assault was cut from the team the same day. This is despite the fact that he hasn’t even been convicted.

The football league’s approach to domestic violence cases has shifted since the Ray Rice elevator video involving his then-fiancée went viral in 2014. The number of second chances extended to players arrested for domestic violence has been significantly curbed. Prior to that incident, USA Today reported 85 percent of NFL players arrested or convicted in domestic violence cases got second chances from the league. Since the Rice video, that’s been reduced to about half – regardless of whether those individuals were later convicted or cleared. Continue reading

January 20, 2020

Fort Lauderdale Domestic Violence Defense Lawyers Discuss Uptick in Arrests During Super Bowl

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

Super Bowl Sunday, slated for February 2nd in Miami this year, has historically been tied to an uptick in Florida domestic violence arrests. Given that numerous football players themselves have been arrested in high-profile domestic violence incidents, the NFL in recent years has begun devoting valuable Super Bowl commercial air time to promote anti-domestic violence public service announcements.

Of course, the Super Bowl itself isn’t responsible for a higher-than-average number of domestic violence arrests anymore than Memorial Day is responsible for a higher-than-average number of DUI arrests. It’s true that emotions are running high for many fans during the game, but alcohol is probably the bigger culprit in many cases.

An Fort Lauderdale domestic violence arrest can come as a shock for those involved, especially if both parties got physically involved. It’s easy to accuse someone in the heat of the moment, but those statements can be difficult to walk back before real damage is done. It should be noted that the alleged victim’s preference of dropping the matter is almost entirely out of their hands by the time police arrive. Police will investigate the matter and take suspects into custody if they believe there is evidence a crime has occurred. Prosecutors are ultimately the ones who decide whether to pursue domestic violence charges. They may take into account the victim’s preference or willingness to cooperate, but that alone won’t dictate whether a case moves forward. In fact, victims can be compelled by subpoena to testify against their will. Continue reading

March 29, 2017

Intoxication Defense Presented in Broward Domestic Violence Trial

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

The intoxication defense is not one that is often used in criminal cases because it is rather difficult to successfully assert. The crux of it, though, is that a defendant, due to intoxication, did not understand the nature of his or her actions or know what he or she was doing, and therefore had limited culpability.

The defense typically only applies in very limited circumstances, and often depends on whether intoxication was voluntary or not and the level of intent required by statute for the particular charge at issue.

Recently in Broward County, a defense lawyer on a domestic violence case revealed his intent to assert the intoxication defense on behalf of a U.S. Air Force veteran who served overseas and was suffering severe post-traumatic stress disorder, back pain and depression at the time of the alleged incident. Continue reading