Domestic Violence FAQ
What Is Domestic Violence?
Domestic violence law covers all willful acts of violence by an individual against another a person with whom they have a domestic or family relationship with, or with whom they have a child. Police officers are required to write a police report when a domestic violence incident occurs. With sufficient evidence, police officers can make an arrest, which may lead to felony or misdemeanor charges being filed.
What Happens If I Have Been Arrested For Spousal Abuse But My Spouse No Longer Wishes to Pursue Charges?
Only the State Attorney can drop domestic violence charges. Prosecutors understand that permitting an abused spouse to drop charges can lead to a cycle of continuous abuse. The prosecutor will consider the evidence and the victim’s willingness to testify, but in the end, it is at the discretion of the prosecutor. A waiver of prosecution can be filed, and I will help you with that.
What Are The Penalties For Domestic Violence?
A number of factors determine the penalties—the severity of the incident, any prior convictions, whether you are on probation or parole, the viewpoint of the community and courts toward domestic crimes, and any mitigating and aggravating circumstances.
What If The Victim Has No Visible Physical Injuries?
Offensive touching is sufficient to result in a battery conviction. A hit, punch or kick is not the only type of domestic assault. Additionally, verbal or mental abuse of a spouse, if coupled with a threat, can be enough for an arrest and conviction in domestic violence/abuse cases.
How Can You Defend A Domestic Violence Or Spousal Abuse Charge?
Defenses might include self-defense, insufficient evidence, and factual innocence, depending on the facts and circumstances of your case. Unfortunately, some charges can arise out of false accusations stemming from custody battles or other motives. That is why it is crucial that you retain a seasoned lawyer, even if you are completely innocent. A thorough examination
of all the facts of your case by an experienced domestic violence defense attorney will unearth all possible defenses.
Are There Alternatives To Jail If I’m Convicted?
Yes. House arrest, electronic monitoring, probation, community service and anger management classes are among the many alternatives.
You have legal options. Call my firm Lorri K. Fishman, P.A., in Fort Lauderdale to discuss your case today: 954-928-9832. I am here to help.