Fort Lauderdale Criminal Attorney Blog
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
A Fort Lauderdale domestic violence charge carries significant penalties that can affect your freedom, finances, and reputation.
Depending on the severity of the case, penalties may include:
- Jail or Prison Time: Misdemeanor domestic violence charges can lead to up to one year in jail, while more serious felony charges could result in multiple years in prison.
- Fines: Convictions for domestic violence often come with steep fines, ranging from hundreds to thousands of dollars.
- Mandatory Counseling: Defendants convicted of domestic violence in Florida are often required to complete a court-mandated batterers’ intervention program, which can last for months.
- Restraining Orders: A court may issue a restraining order or protective injunction that prevents you from contacting the alleged victim or coming within a certain distance of them, even if you live in the same home.
- Loss of Civil Rights: A domestic violence conviction may lead to the loss of your right to possess firearms, and for felony convictions, you could lose the right to vote or hold certain professional licenses.
The Impact of a Domestic Violence Charge on Your Life
Beyond the legal penalties, a domestic violence charge can have lasting consequences on your personal and professional life. A conviction can make it difficult to maintain employment, especially in jobs that require background checks, and it can complicate custody or visitation rights if children are involved. In some cases, simply being accused of domestic violence can cause immediate issues with your housing, employment, or community relationships.
What to Do If You’ve Been Accused of Domestic Violence
If you’ve been accused of domestic violence in Broward County, it’s essential to take the situation seriously and seek legal representation as soon as possible. Here are the steps you should take:
- Do Not Contact the Alleged Victim: Even if you feel the situation is a misunderstanding, avoid contacting the alleged victim. Violating a restraining order or no-contact order could result in additional charges.
- Document Your Side of the Story: Gather any evidence that may support your defense, such as text messages, emails, or witnesses.
- Cooperate with Law Enforcement, But Don’t Speak Without an Attorney: Be polite and cooperative with police, but exercise your right to remain silent until you’ve spoken with a criminal defense attorney.
Defending Against Domestic Violence Charges
There are several defense strategies that can be used in domestic violence cases, depending on the circumstances. Common defenses include:
- Self-Defense: If you were protecting yourself or someone else from harm, this could be a valid defense.
- False Accusations: In some cases, domestic violence accusations arise out of misunderstandings, or worse, intentional false claims made to gain leverage in custody battles or divorce proceedings.
- Lack of Evidence: The prosecution must prove the charges beyond a reasonable doubt. If there is insufficient evidence or conflicting testimony, this may weaken the case against you.
An experienced fort Lauderdale criminal defense attorney will carefully examine the evidence, question witnesses, and challenge any inconsistencies in the prosecution’s case. Every case is unique, and the right defense strategy will depend on the specific facts and circumstances surrounding the incident.
Facing a domestic violence charge can be overwhelming, but you don’t have to navigate the legal system alone. Understanding Florida’s domestic violence laws and how they apply to your case is the first step in building a strong defense. As your attorney, I am committed to protecting your rights, advocating for your interests, and working toward the best possible outcome for your case. Whether you’re facing misdemeanor charges or a more serious felony, I will fight to ensure my client’s side of the story is heard and their future is protected.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
Additional Resources:
F.S. 741.28, Domestic Violence
More Blog Entries:
Digital Forensics in Fort Lauderdale Domestic Violence Cases, Aug. 22, 2024, Fort Lauderdale Domestic Violence Defense Lawyer Blog
