When an act of violence is alleged between household or former household members, it is considered domestic violence. Claims of domestic violence can result in severe penalties, like time in jail and hefty fines. Hiring a highly experienced domestic violence lawyer will help to ensure your rights are protected.
An accusation of an abuse crime could lead to a protective order. If you’re convicted of domestic violence, you can lose your right to possess a firearm for life under federal law.
Suppose you are accused of any sort of violent act against a family member or loved one in Broward County, including assault and battery or stalking. In that case, it’s important that you take action. Contact an adept Fort Lauderdale domestic violence lawyer for legal advice, information about domestic violence laws, and build an aggressive defense against spousal abuse allegations.
Florida Law and Domestic Violence
Florida’s definition of domestic violence falls under Annotated Statutes § 741.28. Florida domestic violence statutes state the terms for family violence cases in 17th Judicial Circuit courts in Fort Lauderdale, FL and Broward County.
According to Florida legal guidelines, domestic violence claims can be made following offenses that may occur between those who have the following relationships:
- Blood relatives, including parent and child, grandparent and grandchild or brother and sister
- Couples or former couples with children
- Husband and wife
- Former husband and wife
- People residing together as a family, including stepparent and stepchildren
- People who have resided together as a family in the past
It’s also important to note that people in same-sex relationships may also face charges and be convicted of domestic violence.
Dating Violence in Florida
Florida law also covers dating violence. Dating violence is defined in Florida Statutes Annotated § 784.046(1)(d) as any act of criminal violence occurring between two people who have shared a significant romantic relationship within the past six months.
Dating violence and domestic violence generally cover any criminal charge that results in physical injury or death. Charges that could result in domestic violence charges, both implicitly stated or implied, include:
- Assault
- Aggravated Assault
- Battery
- Aggravated Battery
- Battery by Strangulation
- Kidnapping
- Stalking
- Aggravated Stalking
Protective Orders in a Broward County Domestic Violence Case
A person making an accusation of domestic violence can file a petition for an injunction for protection under Florida Statutes Annotated § 741.30 or 784.046. At that point, your Fort Lauderdale or Broward County judge will decide whether or not to issue a temporary order.
In most cases, the judge will grant it, and typically this is decided in an ex parte hearing, meaning the accused is not able to be represented. The temporary order will prohibit the accused from communicating with the victim or going near the victim.
This protection order may also prohibit the accused from possessing a firearm and from consuming alcohol. It can order the accused away from their home or make them pay for the residence of the victim.
Within 15 days, the judge must set a hearing for a permanent order. At that hearing, the accused can be represented by a Fort Lauderdale criminal defense lawyer. That’s why it’s imperative to work with law offices that are dedicated to protecting you from a restraining order, domestic violence case, and other alleged criminal charges.
Family Law And Domestic Violence
Domestic violence will affect divorce or custody proceedings. Allegations of Fort Lauderdale domestic violence can impact spousal support and how property is divided. When custody disputes occur, courts consider past domestic abuse when determining what is in the best interests of the child.
Courts can award the non-violent parent sole custody of the child and require visits with the alleged abuser to be supervised. Parents convicted of spousal abuse often have to undergo counseling or anger management before they’re allowed to visit with the child.
Abuse Allegations
Wrongfully accusing a partner of acting violently can create lots of problems for the family dynamic. For instance, parents have made false allegations to try to gain the upper hand in divorce or custody proceedings.
If you’ve been falsely accused, a skilled lawyer can help you fight against the false accusations and provide legal guidance about how you can avoid a protection order and see your children again.
Family law cases involving domestic violence are separate from any criminal charges that a prosecutor may bring against you. Generally, wrongful domestic violence allegations will affect your life for a long time.
Being accused of committing domestic violence is a serious allegation. Domestic violence crimes carry heavy fines and will drastically affect your livelihood. You could lose custody of your child, access to your home or business, or be prohibited from seeing certain members of your family.
A skillful South Florida domestic violence offense attorney can build a case to combat an unlawful protective order or domestic violence arrest and help you clear your name. If you’ve been accused of domestic violence and would like to strongly defend against the accusation, don’t delay in preparing your defense.
The Fort Lauderdale, FL domestic violence allegations professionals at Stroleny Law: Criminal Defense Attorney will work tirelessly to help with your misdemeanor, felony, stalking, and other alleged criminal charges.
What To Do When You’re Falsely Accused of Domestic Violence
If you’ve been falsely accused of physical violence, physical abuse, emotional abuse, personal injury, child support infractions, breaking domestic violence law, or breaking any other criminal law, what you do next will be of utmost importance in proving your guilt or innocence.
Experienced Fort Lauderdale domestic violence attorneys routinely recommend the following when you’ve been falsely accused of inflicting bodily harm on a spouse, lover, or family member in South Florida.
Hide your Belongings
When a fight occurs, accusers can manipulate evidence. They’ll do this by using the resources within their reach. Domestic law professionals recommend that you hide your bank account information, car title(s), electronics, jewelry, and all other items that can be easily liquidated.
Change Your Passwords
Changing all of your login passwords can help prevent accusers from misusing them. Domestic dispute legal advice professionals suggest changing all passwords for your social media, credit cards, electronic devices, email, applications, and online shopping outlets so that your accuser cannot misuse them.
Take notes
Recording and taking notes of your interactions with the accuser can help protect you as well. It can be very beneficial to the case your domestic violence defense lawyer builds when you retain all written interactions, including texts, email, messages, etc. Having your lawyer present when answering any law enforcement questions related to the case can prevent you from incriminating yourself.
Fort Lauderdale, FL Domestic Violence Lawyer Duties
Contacting a domestic violence lawyer can help the accused take the first steps toward clearing their name legally. Domestic violence cases can be lengthy and restraining orders, once in place, can drastically affect the life of you and your family.
Each individual situation is different. The legal options that you choose can help or harm your defense. Skillful domestic violence attorneys will do the following to help defend you against accusers.
Criminal Orders of Protection
Going over your orders of protection carefully with your Ft. Lauderdale defense counsel can prevent unforeseen issues. Following them explicitly can help you avoid a criminal record. Technical violations of criminal orders of protection often occur, however, your domestic dispute legal defense team can help you avoid legal troubles.
Orders of protection are temporary, so no matter how tempting it is to contact your accuser, it’s better that you wait until the order is lifted. Violation of a protective order is a serious allegation.
Prepare Your Defense
An experienced attorney can explain your options, negotiate a plea agreement, or defend you at trial. The domestic violence attorney at Stroleny Law: Criminal Defense Attorney can tell you about the potential consequences of a conviction and advise you about which route presents the best possible outcome for your Broward County domestic violence charges.
Provide Information On Your Rights
Law enforcement can make mistakes in the heat of an emotional confrontation. If you are arrested, what you say or do will be presented in court. You may feel you are helping yourself by answering the police officer’s questions, but it’s your right to have a lawyer present. Your Fort Lauderdale attorney can protect you from a domestic violence charge during an emotional police interrogation.
Seek A Reduction in Your Charges
Domestic violence charges can affect your life. However, many criminal defense attorneys have had their cases dismissed based on a lack of evidence or a violation of rights. If you’re a domestic dispute defendant and a first-time offender without a record, then it’s realistic that you could have your charges reduced.
Restraining Order Defense
Restraining orders can force you out of your home and make moving on from your domestic abuse situation very difficult. This can be especially true when you live or work within 50 or 100 yards of the protected individual.
A restraining order will also impact how often and how you’ll be able to see your children. If the alleged victim is seeking a restraining order, speak with a Fort Lauderdale, Fl criminal defense attorney immediately.
Represent You In Court
The attorney you choose can make a big difference in how your legal issues turn out. Broward County domestic violence lawyers can represent you in court and reduce the load off your shoulders.
One of the most important things you can do when facing a domestic violence arrest is contact an experienced attorney, like Stroleny Law: Criminal Defense Attorney, as soon as possible.
