Domestic violence charges wreck lives long before a court issues a verdict. A single accusation puts everything on the line—your freedom, your future, and your relationships.
If Fort Lauderdale’s legal system has you in its crosshairs, don’t wait. Our Fort Lauderdale domestic violence attorneys know how to defend against these charges and protect your rights. Call (305) 615-1285 today for a free, confidential consultation.
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What is Domestic Violence?
Florida law defines it as any assault, battery, stalking, kidnapping, or other criminal offense resulting in physical injury or death between family or household members.
Examples of Domestic Violence
Domestic violence takes many forms, and no two cases look the same. It might involve:
- Physical violence: Hitting, slapping, choking, or pushing.
- Sexual assault: Forcing someone into non-consensual acts or unwanted sexual contact.
- Emotional manipulation: Threats, intimidation, or belittling intended to erode confidence or independence.
- Financial abuse: Controlling finances, withholding money, or sabotaging employment.
- Stalking: Following, watching, or harassing someone to instill fear or force contact.
Laws Governing Domestic Violence in Florida
Florida has a robust legal framework aimed at addressing domestic violence and protecting victims. These statutes shape how law enforcement, courts, and attorneys handle cases:
- Fla. Stat. § 741.28: Provides the official definition of domestic violence, encompassing a wide range of abusive behaviors.
- Fla. Stat. § 741.30: Details the process for obtaining injunctions, such as restraining orders, against alleged abusers.
- Fla. Stat. § 784.03: Criminalizes battery, one of the most common charges in domestic violence cases.
Domestic violence cases don’t just pit one person against another; they involve the full force of the legal system. Prosecutors aggressively pursue these charges, frequently relying on police reports, medical records, and witness testimony to build their cases.
Who Faces Domestic Violence Allegations?
Anyone in a domestic setting could face allegations, whether they’ve been wrongly accused or crossed legal lines. These cases typically involve:
- Spouses or ex-spouses navigating tense personal dynamics.
- Parents and children in fraught family situations.
- Romantic partners, whether cohabitating or not.
- Siblings and other relatives, especially in extended households.
- Co-parents, particularly in disputes about child custody or visitation.
How Prosecutors Prove Guilt
To convict someone of domestic violence, prosecutors must establish key elements of the crime:
- Actus Reus (the guilty act): Evidence like bruises, property damage, or eyewitness accounts supports the claim that the accused committed an abusive act.
- Mens Rea (the guilty mind): The prosecution demonstrates intent, whether through threats, prior behavior, or deliberate actions.
- Causation: Proof that the accused’s actions directly resulted in harm to the victim.
- Corroboration: Statements from the victim, police, or other witnesses tie everything together.
While these elements create a solid case for the prosecution, they also offer defense opportunities (more on those later).
Why Choose Us
Domestic violence charges don’t just call for any lawyer—they demand someone who can see the whole board, anticipate every move, and turn the tables. At Stroleny Law, we’ve built our reputation on knowing how to do exactly that. With experience on both sides of the courtroom, we deliver strategies grounded in insight and tailored to each case. We have secured case dismissals for clients facing charges ranging from battery to domestic violence—and we do so by dismantling the prosecution’s case piece by piece.
Personalized Service and Strategic Thinking
Domestic violence cases are rarely straightforward. Relationships are messy, emotions run high, and the stakes are enormous. At Stroleny Law, we know there’s no “one-size-fits-all” defense. Every case gets the personal attention it deserves, from uncovering key evidence to crafting a strategy that works for your unique circumstances.
Convenient Location, Seamless Access
We know dealing with legal trouble is stressful, so we’ve made it easier to find us. Located at 66 W Flagler St Suite 1005, Miami, FL 33130, our office sits just blocks from the Miami-Dade County Courthouse and is easily accessible by public transit or car. Whether you’re coming from Fort Lauderdale or downtown Miami, we’re right where you need us.
Penalties and Damages for Domestic Violence
Florida law imposes a range of harsh consequences, designed to address the severity of these offenses and deter repeat behavior.
Criminal Penalties
The type of charge—misdemeanor or felony—determines the severity of the sentence. Both carry heavy repercussions:
- First-Degree Misdemeanor: Up to one year in jail, a fine of $1,000, and mandatory participation in a 26-week Batterers’ Intervention Program (BIP). These cases typically involve incidents like minor physical injuries without weapons.
- Third-Degree Felony: Up to five years in prison and fines reaching $5,000. This applies to aggravated offenses, such as violence causing serious bodily harm or repeat offenses.
- Second-Degree Felony: Sentences climb to 15 years, reserved for extreme cases, including violence involving weapons or severe injuries.
Certain aggravating factors—like committing domestic violence in the presence of a child—can escalate the charges. Judges don’t shy away from enhancing penalties when the circumstances demand it.
Protective Orders
Beyond criminal penalties, courts may issue restraining orders (or injunctions), which severely restrict the accused’s freedoms:
- No contact with the victim, directly or indirectly.
- Temporary or permanent exclusion from the family home.
- Restrictions on proximity to the victim’s workplace, school, or other frequented areas.
Violating these orders brings additional penalties, including fines and potential jail time, under Fla. Stat. § 741.30.
Collateral Damage
Domestic violence convictions come with a ripple effect, altering more than just your criminal record:
- Loss of Firearm Rights: Federal and state laws prohibit individuals convicted of domestic violence from owning or possessing firearms.
- Custody and Parental Rights: Courts scrutinize convicted individuals harshly in family law disputes, frequently awarding full custody to the other parent.
- Career Consequences: Employers conducting background checks may reject applicants with a domestic violence conviction, especially in roles requiring trust or public interaction.
- Immigration Impact: For non-citizens, a domestic violence conviction could trigger deportation proceedings or prevent reentry into the U.S.
Domestic Violence Statistics in Fort Lauderdale
In one recent year alone, Florida law enforcement reported 106,515 incidents of domestic violence, with Broward County contributing a significant portion to those numbers.
Broward County: A Hotspot for Domestic Violence
Fort Lauderdale, as Broward County’s largest city, accounts for a significant share of the county’s domestic violence cases. Several factors contribute to this concentration:
- Population Density: Neighborhoods like downtown Fort Lauderdale and Flagler Village, filled with high-rise apartments and condos, create environments where disputes can quickly escalate, and police intervention is readily called.
- Nightlife and Alcohol-Related Disputes: The city’s thriving nightlife in areas like Las Olas Boulevard means alcohol-fueled arguments between couples are common, sometimes spilling into violent altercations.
- Socioeconomic Stress: Communities facing economic strain, particularly in areas like Broward Estates and Dillard Park, often experience higher rates of domestic violence due to financial pressures exacerbating tensions in households.
Repeat Offenders and Recurring Patterns
Statistics reveal that a significant portion of domestic violence cases in Fort Lauderdale involves repeat offenders. Research by Florida’s Department of Law Enforcement shows that prior incidents in the same household increase the likelihood of future violence. This cycle of abuse is often difficult to break, as victims may feel trapped due to financial dependency, fear of retaliation, or emotional ties.
How We Help
The legal system moves fast, and without a plan, you risk getting swept away by its momentum. This is where having the right defense team makes all the difference.
The Stakes Are High—You Need Someone Who Knows the Terrain
Florida’s legal system is relentless when it comes to domestic violence. Under Fla. Stat. § 741.29, officers must make an arrest if they find probable cause during a domestic dispute. Once that happens, prosecutors pursue these cases with the full weight of the law, even if the alleged victim no longer wishes to press charges. That’s why your defense begins long before you see the inside of a courtroom.
We start by digging into every detail of the case:
- Police Reports: Did the officers document everything accurately? Was there a rush to judgment in a chaotic situation?
- Witness Testimony: Are statements consistent, or do they reveal gaps, biases, or ulterior motives?
- Physical Evidence: Does the evidence align with the accusations, or does it point to something entirely different?
- Circumstantial Factors: Was self-defense a possibility? Did emotions escalate due to outside stressors like alcohol or a misunderstanding?
Strategic Defense Tactics
Our attorneys craft strategies designed to dismantle the prosecution’s case. These might include:
- Challenging Evidence: Was the arrest lawful? Were your rights violated during the investigation? If the evidence doesn’t hold up, we’ll work to get it thrown out.
- Highlighting Reasonable Doubt: Domestic violence cases hinge on proving intent, cause, and harm. If we can show that the prosecution lacks solid proof in any area, we can weaken their case significantly.
- Self-Defense Arguments: If you acted to protect yourself or others, we’ll present a clear narrative backed by evidence.
- Negotiating Outcomes: In some cases, pursuing diversion programs or reduced charges provides the best path forward. We aim for resolutions that minimize impact on your life, whether through case dismissal, plea agreements, or alternative sentencing.
What to Do After a Domestic Violence Accusation
What you do—or don’t do—next matters. A misstep could harm your defense, while smart actions lay the foundation for a stronger case.
1. Stay Silent and Seek Legal Counsel Immediately
Avoid the instinct to explain yourself, justify your actions, or argue your side. Law enforcement’s primary focus is de-escalation, and statements made in the heat of the moment are easily misinterpreted. Invoke your right to remain silent under the Fifth Amendment and request an attorney.
Even well-intentioned comments like “it wasn’t that bad” or “we were both yelling” might later be used to establish intent or guilt. Let your attorney handle communications to protect your case.
2. Document Everything
Time distorts memory, but evidence doesn’t lie. Start collecting and preserving any documentation that supports your version of events:
- Text Messages and Emails: Screenshots of conversations clarify misunderstandings or show prior context leading up to the incident.
- Photos or Videos: Images of the alleged scene, personal injuries, or other visual evidence help establish a timeline or disprove exaggerated claims.
- Witness Information: Contact details for neighbors, friends, or bystanders who can corroborate your account may become invaluable.
- Receipts and Logs: Any financial records or timestamps (e.g., parking receipts, security footage) that show your whereabouts or activities at the time.
3. Comply Fully with Any Court Orders
Florida courts frequently issue temporary injunctions or restraining orders in domestic violence cases under Fla. Stat. § 741.30. These orders may restrict you from contacting the alleged victim or accessing shared spaces like your home. Violating these orders—even unintentionally—escalates legal consequences and complicates your defense.
Follow these orders to the letter, even if you feel they’re unjust. Your attorney will challenge them later in court, but noncompliance now weakens your credibility.
4. Avoid Social Media
Social media feels like a safe outlet to vent, but it’s a trap. Anything you post online—photos, status updates, or comments—may be taken out of context and introduced as evidence. That Instagram story from a night out could be spun to imply a lack of remorse or seriousness.
Advise close friends and family to avoid posting about the case as well. A seemingly innocent tag or photo could work against you.
5. Stay Calm and Stay Professional
Domestic violence cases test patience and resolve. Emotions flare during interactions with the alleged victim, mutual acquaintances, or even the court system. Resist the urge to retaliate, argue, or lash out. Heated emails or voicemails won’t help—they’ll harm.
Let your actions and demeanor reflect the seriousness with which you approach your defense. The court will notice whether you show restraint or aggravate the situation.
6. Always Consult Your Attorney Before Making Moves
Whether it’s discussing plea deals, engaging in mediation, or speaking to the media, consult your lawyer before taking action. Attorneys understand the broader implications of every step, from a strategic and legal perspective.
Fight Back Against Domestic Violence Charges with Stroleny Law
Facing a domestic violence charge feels like standing in a storm with no umbrella—but you don’t have to face it alone. We cut through the chaos, building a defense that protects your rights and your future. Consult a reputable Fort Lauderdale criminal defense lawyer for legal assistance.
Call (305) 615-1285 today.
