FORT LAUDERDALE DOMESTIC VIOLENCE LAWYERS

Fighting Florida Domestic Violence Charges

According to Florida Statutes § 741.28, domestic violence in Florida means “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.”

This definition surprises people because many believe domestic violence is what Florida calls battery, defined as “actually and intentionally touching or striking another person against the will of the other.” However, battery is only one of many charges that fall under the definition of domestic violence.

Additionally, under Florida law, domestic battery is defined as the intentional touching or harming of a member of one’s family or household, including spouses, siblings, and others in domestic relationships. Domestic violence can be classified as physical or emotional abuse between parties involved in a domestic relationship (which includes anyone involved in a family or "household" relationship).

Related Article: Common Risk Factors for Domestic Violence

Contact our Fort Lauderdale domestic violence attorneys at (954) 737-1185 for a consultation!

Domestic Violence Charges in Florida

Domestic violence most commonly occurs between spouses, couples who cohabitate, and family members. 

It can include any of the following behaviors or actions:

• Assault or battery
• Sexual battery
• Threatening/intimidation
• Stalking
• Kidnapping
• False Imprisonment

It is important to remember that domestic violence does not always include physical abuse. It can also be verbal abuse or threats.

Examples of Domestic Abuse 

The following actions can also be examples of domestic abuse:

• Destroying the victim’s property
• Stalking the victim in person, on the internet, or using tracking devices
• Threatening to hurt or kill the victim’s loved ones, friends, or pets
• Pressuring the victim to have sex when they don’t want to
• Embarrassing or shaming the victim
• Preventing the victim from making their own decisions
• Keeping or discouraging the victim from seeing family members or friends

All these actions can be prosecuted as either a misdemeanor or felony offense. In domestic violence cases, various factors can lead to elevated charges and penalties, including serious injuries, harm to minors, sexual assaults, and prior convictions. If these elements apply to your case, the necessity for experienced legal representation becomes crucial.

Contact our Fort Lauderdale domestic violence lawyers as soon as possible for a case evaluation. Time can make the difference in your case.

Domestic Violence Penalties in Florida

Florida enforces strict penalties for domestic violence. When an arrest is made and charges of domestic battery are brought against a defendant, it can create several consequences that impact nearly all facets of a person’s personal and professional life, as well as their future. 

Although cases will vary based on the charge involved and the unique facts and circumstances, the following penalties are commonly associated with domestic violence convictions:

• Imprisonment: Imprisonment is a standard penalty in these cases. Even in misdemeanor cases, guilty parties could face up to one year in jail. Florida imposes a mandatory minimum jail sentence of 10 days in cases where domestic violence resulted in an injury to the victim.
• Fines and fees: A domestic violence conviction may also result in fines. The amount will depend on the nature and severity of the offense.
• Enhancements: Prosecutors look closely at the circumstances of an alleged crime and the defendant's background to impose enhancements that can elevate charges and penalties. For example, if you have a previous conviction for domestic violence or simple, aggravated, or felony battery, new domestic violence charges may be treated as felonies.
• Restraining orders: A domestic violence conviction may result in the issuance of a restraining order. This can prohibit the offender from contacting the victim or going near their home or workplace.
• Probation: Probation is a possibility for some domestic violence offenders in Broward County. The length of the probation period will depend on the offense and its severity.
• Loss of civil rights, including firearm restrictions: Under federal law, individuals who have been convicted of domestic violence are prohibited from owning, using, or possessing a firearm.
• Batterers’ intervention program: The court must order attendance in a batterers’ intervention program as a condition of probation.
• Community service: Domestic violence offenders may be required to perform community service as part of their sentence.
• Immigration consequences: Non-citizens may face immigration actions, including visa denial, deportation, or ineligibility for naturalization.
• Professional repercussions: Licensed professionals, such as nurses, teachers, or law enforcement officers, may face disciplinary action, suspension, or even loss of licensure as a result of a conviction.

Additional Statutory Requirements

In Florida, an individual isn’t charged with “domestic violence.” Instead, “domestic violence” is used to add on to existing criminal charges, such as assault or battery, as a way to trigger additional requirements.

Following a domestic violence arrest, your case will be labeled as “no bond” until you make a court appearance. It often takes up to 72 hours after your arrest to secure a court date. After your appearance, you can be released on bond.

After being released on bond, the prosecutor will likely issue a no-contact order, meaning that you are barred from contacting the alleged victim, wherever they may be.

Knowing that the stakes are high, our Fort Lauderdale domestic violence lawyers work toward a favorable outcome, whether that means a case dismissal or a reduction of charges and penalties.

Defenses for Domestic Violence

As we mentioned above, facing domestic violence charges can negatively impact your life. Because every criminal case and allegation is unique, defense strategies should always be tailored to the facts and circumstances. When reviewing our client’s cases, our Fort Lauderdale domestic violence lawyers pay particular attention to the nature of the allegations, law enforcement conduct, and all facts involved in the government’s complaint.

By leveraging the experience of our Fort Lauderdale domestic violence attorneys, who are former Florida prosecutors who have handled domestic violence cases from the opposing side, we can effectively determine a suitable defense strategy to seek to reduce charges and penalties or entirely disprove allegations to secure a case dismissal.

Defense Strategies

Depending on the nature of your case, possible defense strategies may focus on:

• Factual discrepancies about the incident (what happened, when, how, and why)
• The absence of injuries or questionable injuries and how they may have been sustained
• Allegations not corroborated by physical evidence or other forms of evidence
• The nature of a relationship between alleged victims and defendants (false accusations)
• Self-defense, defense of others, or defense of property

Common Legal Defenses

The most common legal defenses for domestic violence charges include:

• False allegations: It is not uncommon for alleged victims to make false accusations out of spite. This typically occurs in divorce and child custody cases. Your lawyer may be able to find holes and weaknesses in the accuser’s story in comparison to witness accounts and the police report.
• Self-defense: To protect themselves and/or their children, a defendant could claim they acted in self-defense after perceiving an imminent threat and wasn’t the original aggressor. Your Fort Lauderdale domestic violence attorney can check the police report to see if the alleged victim admitted to using violence and the reason for doing so, as well as look for inconsistencies.
• Wrong suspect: A defendant may claim that the alleged aggressor was another person. Your lawyer may present a valid alibi on your behalf or evidence that you were nowhere near the crime scene.
• Insufficient evidence: A defendant may claim insufficient proof of the allegations. Without any evidence of domestic violence, state prosecutors cannot bring criminal charges.
• Accidental harm: Although the defendant does not deny the injuries sustained by the victim, they may assert that the act was unintentional. Your lawyer can confirm whether your claim aligns with what transpired.

Why Are False Allegations Made?

At Hager & Schwartz, P.A., our Fort Lauderdale domestic violence lawyers have been handling domestic violence cases in Broward County for many years. Through our extensive experience with various domestic violence cases, we have identified a few common reasons behind the false allegations made against our clients. 

They include:

• Gaining the upper hand in child custody cases: In domestic violence cases, the judge’s role is to ensure the safety of victims. It’s quite common for individuals involved in contentious child custody disputes to use domestic violence as a strategy to gain the upper hand. The judge will seldom permit an individual who has harmed their spouse or children to have visitation rights.
• Getting back at their ex: When breakups turn messy, one party is usually more upset than the other. This often leads to the other partner filing false domestic violence charges, especially after a relationship ended due to cheating or infidelity.

Related Article: Why Do People Lie About Domestic Violence?

The Burden of Proof in Domestic Violence Cases

One of the most fundamental principles of the U.S. legal system is the presumption of innocence—you are considered innocent until proven guilty. Yet in domestic violence cases, it can often feel like you are the one being forced to prove your innocence. 

These emotionally charged allegations can carry significant stigma, and even before your case reaches trial, you may find yourself under intense scrutiny. That’s why it’s essential to build a defense based on facts. 

Providing credible evidence to support your version of events, such as text messages, witness statements, or inconsistencies in the alleged victim’s account, can undermine the prosecution’s narrative and reinforce your right to a fair trial.

Seeking a Dismissal

The judge’s job is to take the information given and decide based on the validity of the assertions and the law. Evidence in domestic violence cases can come in numerous forms, and the better the story it can tell, the better for your chances of freedom.

Some of the evidence that we believe to be the most important in Florida domestic violence cases includes:

• Eye-witness testimony
• Texts
• Emails
• Social media posts, videos, and images
• Audio recordings or phone recordings

It’s also important to note that specific evidence holds much more value in court than memory. For instance, if you have video proof that supports your statements while the alleged victim relies on memory, the judge will be much more inclined to side with you.

Dropping Domestic Violence Charges in Florida

Can domestic violence victims drop the charges? Many of these disputes occur in the heat of the moment, which is why both parties may experience instant regret as soon as law enforcement arrives. Therefore, many alleged victims find themselves wondering if they can simply dismiss the charges against the alleged aggressor.

Unfortunately, criminal charges are brought by state prosecutors. Thus, even if the victim calls the police to initiate an arrest, that doesn’t mean they are the ones bringing charges against the accused.

Because victims are often emotionally—and financially—tied to their abusers, they can easily explain away bad behavior once they understand the gravity of the situation. Since alleged abusers may also threaten or pressure a victim to reverse the charges, no one but the state has the power to drop those charges.

However, situations exist where law enforcement makes errors during investigations, and both parties want to move past the incident and seek counseling and rehabilitation. The victim’s lack of power to dismiss charges can make it challenging to avoid involving the courts.

If a victim wishes to recant their original statements, doing so could lead to charges of falsifying information to the police and the court. A lawyer can determine an effective way to replace a negative statement with a positive one.

Benefits of Having a Former Prosecutor on Your Side

Domestic violence has become a hot-button issue across Florida and the entire country. Today, the statistics, social, and economic impact of domestic violence are well known, and they motivate prosecutors to gain convictions and impose harsh penalties. 

As former state prosecutors, Attorneys John Hager and Brett Schwartz know the tactics prosecutors use and leverage this insider information when defending our clients. Thus, you have the edge when you have former prosecutors on your side.

Let Our Broward County Domestic Violence Lawyers Review Your Case

Hager & Schwartz, P.A. is dedicated to protecting the rights of clients who have entered the criminal justice system, including those facing various domestic violence allegations in Fort Lauderdale. As time is critical, we encourage you to contact our firm as soon as possible. We serve clients throughout Broward County.

Contact us at (954) 737-1185 for a consultation with a Fort Lauderdale domestic violence lawyer. We can take your call 24 hours a day, 7 days a week.