Whenever a marital relationship, domestic partnership or other similarly intimate personal association ends abruptly or in a difficult manner, heartbreak and lasting sadness can often follow. If acts of violence were part and parcel of that dissolution, the circumstances can be even more painful for all involved.
Once an accusation of such conduct is made and official charges are lodged, it may be critical to speak with a distinguished criminal attorney. If you are facing this type of allegation, a Delray Beach domestic violence lawyer can assist in developing an appropriate defense to enhance your ability to get the case dismissed. En Español.
What is a Domestic Relationship?
For a domestic violence charge to be lodged under Florida law, parties who are current or former spouses, those related either by blood or marriage, persons currently or formerly living in the same dwelling and those who are parents together of a minor child, regardless of their marital status are considered domestic relationships. Delray Beach domestic violence lawyers have seen that there does not have to be an established pattern of offensive conduct.
Family Violence Laws
Not everyone grasps the full breadth and scope of domestic violence law and the numerous discrete offenses. It makes good sense, therefore, to review several types of conduct for which charges are routinely filed by prosecutors statewide. These include:
- False imprisonment
- Harassment, stalking, and aggravated stalking
- Kidnapping
- Domestic battery
- Aggravated battery
- Domestic assault
- Aggravated assault
- Spousal rape
- Sexual battery
- Violation of existing restraining or no-contact orders
- Crimes resulting in the serious injury or death of a member of the defendant’s family or household, the relevant definitions
How an Accusation of Roommate Violence May Differ from a Common Criminal Case
Criminal Courts hearing cases that allege violence against another will generally act in the same way regardless of the identity of the supposed victim. However, incidents of domestic violence may trigger additional hearings and potential punishments.
This occurs when an alleged criminal act falls under the State’s definition of family violence. According to Florida Statute § 741.28, it is the identity of a supposed victim that classifies an incident as domestic violence. Importantly, a person being roommates with the supposed victim fits this definition.
This classification can have a significant impact on a defendant’s rights and freedoms before a case goes to trial. A victim of supposed roommate violence may petition the Court to create a protective order that requires the defendant to cease all contact. This can have disastrous consequences when it forces a defendant to move out of a shared living space. As a result, a roommate violence Lawyer in Delray Beach can work to dispute the need for these orders at every opportunity.
What Does the Domestic Violence Arrest Process Typically Entail?
Police Officers in Delray Beach and the rest of Florida use discretionary arrest policies regarding family assaults and other legal incidents. Unlike other states that utilize mandatory and preferred arrest policies, it is up to the arresting Police Officer to bring charges against an accused individual if probable cause is present. States with mandatory arrest policies require Officers to bring charges against accused individuals in light of probable cause, while states with preferred arrest policies prefer their Officers to make arrests on probable cause grounds.
If the arresting Officer wants to bring charges against a person due to probable domestic violence cause, they must follow protocol and read the individual their Miranda Rights, which names their right to a Lawyer. Assuming all procedures are followed correctly, the Officer brings the individual to the applicable Police station to issue a citation. The Officer cannot give the person a citation at their residence. Depending on the probable cause the arresting Officer witnessed, they may decide to hold the person in a jail cell until the time of their hearing before a Judge. Hearings typically occur either the day of the arrest or the day after, depending on the time of day the booking takes place.
As with anyone accused of a crime, the defendant should not speak without an Attorney present since their words could be used against them in a Court of law.
Common Defenses in Domestic Abuse Cases
Attorneys in Delray Beach pull from a variety of standard defenses against household violence cases to prove the invalidity of the accuser’s claims. They can include:
- Self-defense
- Revenge on the accuser’s part
- Accidental rather than intentional injuries
- Clear alibis
- The accuser’s abuse of the couple’s children
- Lacking probable cause
- Inability to prove assault beyond a reasonable doubt
- Arresting Police Officer errors
- The accuser’s mental illness/state of mind
What are the Potential Consequences of a Conviction?
The harm to defendants that results from a family violence conviction can be difficult to overcome without the help of a compassionate Delray Beach domestic violence lawyer.
Depending on the specifics of the incident at issue, those found guilty of crimes in this realm can face long periods of incarceration, extended terms of probation and financially crippling fees and costs. Convictions can yield ancillary penalties that include:
- Deportation, if offender is a non-citizen
- Required completion of domestic violence intervention program
- Ineligibility for future expungement of criminal records
- Loss of concealed weapons permit
Reasons to Mount a Vigorous Defense
Clearly, the official punishments that are imposed on individuals convicted of family violence in Florida are extremely stringent, but so are the many unofficial ramifications that so frequently manifest themselves.
Loss of employment, suspension or revocation of professional licenses, reputational damage, and harm to existing custodial agreements are all very real possibilities, and therefore a zealous legal defense strategy is absolutely vital.
Many who stand accused of domestic violence feel as though they have little chance of protecting their good name, given the extremely sensitive, highly personal nature of the allegations involved.
Benefit of an Attorney
Domestic violence matters are often characterized by messy personal circumstances and the sort of “he said, she said” battles that make getting to the truth a daunting task indeed.
A Delray Beach domestic violence lawyer possesses the skills and knowledge necessary to undertake a comprehensive review of both sides of the story, marshal key evidence and construct the strongest possible defense for each individual served. This will result in a full dismissal of many family violence issues. Skilled attorneys can help you resolve these matters for you in a strong yet polite and discreet manner. Contact our firm today.
