Domestic Violence Lawyer – Protecting Your Rights and Future

In the State of Florida, and specifically Broward County, domestic violence can occur between one family or household member against another family or household member. If you were arrested or convicted of hurting an intimate partner, having a proven and experienced Fort Lauderdale domestic violence attorney can make a world of difference.

After all, domestic violence cases in Florida are very common, and there are special prosecutors in each county who focus specifically on the prosecution of domestic violence cases, so it's important you have someone who knows the laws and regulations in your corner.

In Florida, criminal acts that fall under the state’s definition of domestic violence are found under Florida Statutes Annotated § 741.28, which defines the term for family violence cases in 17th Judicial Circuit courts in Fort Lauderdale and Broward County. Domestic violence, under the law, means any one of several offenses that may occur between people who have a certain relationship.

The covered relationships include:

• Husband and wife;
• Former husband and wife;
• People related by blood, including parent and child, grandparent and grandchild or brother and sister;
• People residing together as a family; including stepparent and stepchild;
• People who have resided together as a family in the past; and
• People with whom the defendant has a child.

Although Florida does not yet recognize marriage equality, people in same-sex relationships may also face charges and be convicted of domestic violence.

In Florida, domestic violence cases can involve a variety of criminal charges. Under Florida Statutes, domestic violence charges may result from the following offenses:

• Assault: The crime of assault occurs when someone intentionally threatens another person with violence, causing the victim to fear that they will be harmed. Simple assault is a misdemeanor, but if a deadly weapon is used, or if the assault results in serious bodily injury, it can be charged as a felony.
• Aggravated Assault: Aggravated assault occurs when a person commits an assault with a deadly weapon or with the intent to commit a felony. It is a felony offense.
• Battery: Battery is the intentional touching or striking of another person against their will or the intentional causing of bodily harm to another person. Like assault, battery can be charged as a misdemeanor or felony depending on the severity of the offense.
• Aggravated Battery: Aggravated battery is similar to aggravated assault in that it involves the use of a deadly weapon or the intent to commit a felony. However, in this case, the victim suffers serious bodily injury or permanent disability. It is a felony offense.
• Stalking: Stalking is defined as the willful and repeated following, harassing, or cyberstalking of another person that causes them to feel threatened or fear for their safety. It is a misdemeanor offense, but can be charged as a felony in some circumstances.
• Aggravated Stalking: Aggravated stalking occurs when a person commits stalking and makes a credible threat of death or serious bodily harm to the victim or their family. It is a felony offense.

It’s important to note that while these charges are the most common in domestic violence cases, they are not the only charges that can result in domestic violence charges.

Additionally, the severity of the charges and the penalties that come with them can vary depending on the specific circumstances of the case.

Under Florida Statutes Annotated § 827.03, a person may be charged with any of the following crimes pertaining physical injury to children:

• Child Abuse: The intentional infliction of physical or mental injury upon a child or an act that can be reasonably expected to cause physical or mental injury;
• Aggravated Child Abuse: This means to commit any of the following upon a child:
• Aggravated battery
• Willful torture
• Malicious punishment
• Willfully and unlawfully caging
• Abusing a child in a manner that causes great bodily harm, permanent disability, or permanent disfigurement;
• Neglect of a Child: The accused is a caregiver, alleged to have failed or omitted to care for a child and/or provide for the child’s basic needs, including providing medical care, in a way that causes great bodily harm, permanent disability or permanent disfigurement.

Child abuse charges do not need to occur between parent and child or any other relationship covered under domestic violence law. However, when they do, the accused or alleged abuser may face a restraining order that prevents him or her from seeing his or her child.

The minimum penalties associated with a domestic violence conviction include the following:

• Mandatory counseling for domestic violence and domestic battery offenders, paid for by you. This can include a batterers' intervention program or anger management counseling.
• Fines, including court costs
• The conviction will be on your record permanently and can never be sealed or expunged.
• You can lose your right to possess a gun or ammunition under the Lautenberg Amendment.
• Upon arrest, your concealed weapons permit will be immediately revoked.

Other potential outcomes include:

• You may be barred from contacting the victim.
• You can lose the right to see your children.
• You can lose the right to enter your home.
• There could be serious consequences to your immigration status.

Conviction of domestic violence charges will change your life permanently. Your ability to obtain and even retain a job will be adversely impacted. You may lose your home and your family as well. A lot is at stake. And if you have a prior conviction, the penalties including jail time are even more severe. Don’t wait to contact an attorney.

If you are convicted of domestic violence, there are minimum mandatory sentences that are applicable depending on the type of domestic violence conviction. Once this happens, this conviction will be on your record permanently for employers, potential employers, government agencies, and others to see. This will affect your employability in certain types of jobs. This conviction can never be removed from your record.

If you have been arrested for injuring another member of your household, we recommend that you contact our experienced domestic violence defense attorney in Fort Lauderdale immediately. Do not speak with the police or make any statements until you speak with a qualified attorney. We have handled hundreds of cases of domestic violence. We’ll investigate all the facts, obtain witness interviews, and review all pertinent documentation related to your case. Often, if there is a lack of physical evidence or eyewitness accounts, we can have the case dismissed. Unfortunately, there are many false cases filed in the courts today. We’ll work aggressively to have the case dismissed or charges reduced, ensuring the best possible outcome.

Every case is different and will be thoroughly investigated to determine the best course of defense. Some of the more common approaches that can be used are lack of intent, false allegations, defense of others involved in the situation, and even self-defense. We will seek out witnesses and evidence that can help support your case in court. We will also interview the alleged victim to gather additional information. We will consider whether there are other mitigating circumstances such as drug and alcohol abuse. Counseling for substance abuse and anger management may be considered in lieu of jail and other severe penalties.

In some cases, if this is your first offense for a domestic battery charge, you may be eligible to participate in a pre-trial intervention program (PTI) or a plea and pass agreement. The State of Florida Department of Corrections PTI gives qualified individuals the opportunity to participate in their supervised program. At the end of the program, if the individual successfully completes the requirements, the felony charge will be dismissed. This means no criminal conviction on your record. A plea and pass agreement works in a similar fashion. You will need to meet the requirements as outlined by the court. There will be several status checks along the way, but if you meet them all, the benefit can be a reduced charge or having the case completely dismissed.