Domestic violence arrests in Delray Beach do not always occur because an assault took place. Sometimes the accusations are exaggerated, and the defendant’s Lawyer must work to prove the defendant client did not harm one or multiple members of their family.
As shocking and disturbing as these accusations are, it is essential to speak with a dedicated Attorney at Leifert & Leifert immediately to discuss your legal options. Depending on the circumstances surrounding your case and the history of the person making the claim, it could be possible to bring about a countersuit. Grounds such as slander, pain and suffering, mental anguish, and character defamation help clear your name.
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 pull from a variety of standard defenses against household violence cases to prove the invalidity of the accuser’s claims. They can include:
- 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
Domestic Violence Accusations & Orders of Protection
A Judge can issue an emergency order of protection following a domestic abuse arrest that prevents the accused person from contacting their family, including the person alleging the assault. Violating this order generally means getting arrested and spending time in jail. When such an order occurs, it becomes even more important to hire a Lawyer, especially if children are involved. In some cases, Judges allow supervised visits with children as their parents deal with custody proceedings.
Contact an Attorney Today to Discuss Your Domestic Violence Charge
Work with an Attorney who has experience representing clients following their domestic violence arrests in Delray Beach. Quick legal action shows you are dedicated to clearing your name and preserving your reputation as a nonviolent society member. If children are involved, hiring a Lawyer at Leifert & Leifert hopefully allows you to see them often and reach a custody agreement with your former partner.
Call our law firm today if you were recently arrested on domestic assault charges. We are here to help you avoid lasting reputation damage.