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.
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 within the Prosecutors discretion. A waiver of prosecution can be filed and Lorri will help you with that.
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.
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 threat, can be enough for an arrest and conviction in domestic violence / abuse cases.
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.
Yes. House arrest, electronic monitoring, probation, community service and anger management classes are among the many alternatives.
You have legal options. Call a domestic violence defense lawyer in Fort Lauderdale to discuss your case today: (954) 371-0229. Attorney Fishman is here to help.