Few personal situations are fraught with more disappointment and heartache than the dissolution of a marriage, domestic partnership, or other close personal relationship.
When violence is part of the equation that precipitates such a split, the scenario becomes all the more wrenching for those involved. When allegations of domestic violence begin to fly and charges are filed, the consequences for the accused can be extraordinarily severe.
If you are facing prosecution for a crime within this category, a West Palm Beach domestic violence lawyer is ready to be your staunchest ally in the fight for justice and exoneration. Contact an experienced defense attorney today.
Fundamentals of Florida Domestic Violence Law
It is important to be aware of the relatively wide array of offenses included within the broader category of domestic violence crime articulated in detail by Chapter 741 of the Florida Statutes. Charges are regularly filed in relation to acts that may include:
- Stalking, harassment, aggravated stalking
- Domestic and/or aggravated battery
- Kidnapping
- False imprisonment
- Domestic and/or aggravated assault
- Violation of no-contact or restraining orders
- Spousal rape/sexual battery/other sex-related offenses
Crimes that result in the death or serious injury of another member of the accused party’s household or family, as provided by Stat. §741.28. An attorney in West Palm Beach understands how different actions affect a domestic violence charge.
Difference Between a Civil and Criminal Domestic Violence Actions
Generally, a civil domestic violence action is considered a petition for an injunction against domestic violence. A criminal domestic violence action is an arrest for a domestic violence incident. The difference between the two is that in a civil action, the most that a Judge could do is order the parties to stay away from each other or order the person petitioned against the respondent to stay away from the petitioner. If the individual violates the court order, they could be sent to Jail.
Criminal domestic violence action could lead to a criminal record with severe penalties. The punishments could include imprisonment, probation, fines, and community service. To learn more about the difference between civil and criminal actions in West Palm Beach, enlist the assitance of a local domestic violence attorney.
Standard of Proof
If the accuser is seeking a restraining order, the standard of proof is a preponderance of the evidence that they are in imminent fear of future harm of domestic violence. If it is a criminal action, it must be proven beyond a reasonable doubt that the defendant committed the act, not that the person put anyone else in imminent fear. In a civil case, the government is asking the Court for an order of protection or a restraining order. In a criminal case, the government is asking the court to punish the person for violating the law. While there are different standards for both, you could learn about any legal defenses that you may have available by speaking to a knowledgeable attorney.
Ramifications of a Domestic Violence Conviction
Being found guilty of domestic violence has the potential to cause profound disruption and difficulty from which it can be challenging, perhaps even impossible, to recover.
As evidence of the seriousness with which the legislature takes offenses of this nature, Fla. Stat. §741.283 provides for a minimum, five-day term of incarceration for anyone found to have intentionally caused bodily harm under such circumstances. From there, punishments can escalate to include lengthier jail sentences, periods of probationary supervision, monetary fines and other penalties such as:
- Mandatory participation in domestic violence intervention programming
- Revocation of concealed weapons permit, if applicable
- Blanket ineligibility for expungement from criminal record
- Possible deportation in cases of non-citizens
Marshaling a Strong Defense Against Domestic Violence Charges
Criminal convictions of any type, but particularly those related to domestic violence, have the ability to negatively affect individuals’ lives in a wide range of ways.
Job loss, professional license suspensions, interference with custodial arrangements and overall damage to personal reputations can be truly devastating, and that is why an aggressive legal defense is not a luxury, but rather a necessity.
The sensitive, “he-said, she-said” nature of domestic violence allegations often cause accused parties to fear that they are at a real disadvantage in terms of countering such charges in court.
However, it is critical to remember that effective defense strategies, including those related to self-defense are regularly asserted and used to reduce charges, lessen penalties and, in some cases, have cases dropped altogether. Our lawyers in West Palm Beach can develop a strong defense for a domestic violence case.
Evidence a Defense Attorney Could Use
A West Palm Beach attorney could examine the facts and circumstances of the domestic violence case to determine what evidence they could use to build a person’s defense. Since attorneys may look for things to put the incident in question into context by answering:
- What were the involved parties fighting over and why?
- What led to that point where they were fighting?
- Who was the aggressor?
- Were there other incidents of violence in the home?
- Were the police ever been called to the house, by whom and for what?
- Did the couple ever receive counseling?
- Does the other person have a substance abuse problem?
- Does the couple have a substance abuse problem?
Negotiating With the Prosecutors and Judges
Lawyers are always looking at diagnosing the problem and the cause. After diagnosing the cause of the incident, it could help ensure that the incident is less likely to happen again. This could help a great deal in preparing a domestic violence defense in West Palm Beach since the Prosecutor and Judge are most concerned about protecting the accuser. While Judges and Prosecutors wish to appear tough on the accused, the defense attorney could attempt to convince the court that the incident was a short term problem.
They may be able to explain the incident and convey the accused person is remorseful and is taking the necessary steps to move through the ordeal. Lawyers at Leifert & Leifert could present letters from psychiatrists, psychologists, mental health counselors, substance abuse evaluations, and marriage counselors. Also, we may look to friends, family, and anyone else to help the accused.
Is it Possible for Domestic Violence Charges to Be Dropped?
Once a domestic violence offense is reported to law enforcement, an arrest is often made on the scene. The police will not take the chance that something else will happen after they leave if they have not taken one party to Jail. Nevertheless, we are often able to get charges Dismissed prior to Court if the alleged Victim does not wish to participate in the prosecution of the case. The State of Florida does take into account the potential for abusive partners/family members to coerce their alleged victims into dropping charges, but if they do not have a cooperating witness, they often have no choice and have to Dismiss or Drop the charges as they are not provable. Individuals charged with this offense should definitely reach out to a domestic violence defense Attorney in West Palm Beach to see if there are opportunities available for having the charge dismissed or lessened in severity.
Many states have procedures in place that allow for the dropping of a domestic violence case if both a Defendant and supposed victim come to an agreement. Sadly, this does not apply to West Palm Beach cases. The Prosecutor in the case has the sole decision as to whether to keep a case moving forward in criminal Court. Even if a supposed victim recants their statement or wants the charges to go away, this may not be enough to bring the case to a close.
An Attorney Can Help Immediately After a Domestic Violence Arrest
Any interaction with Law Enforcement related to a domestic violence charge is a cause for concern. Police Officers talking with suspects are always attempting to gather additional evidence to build their case. They will try to take advantage of frightened suspects or those unaware of their rights.
The first role that a West Palm Beach Attorney plays in domestic violence cases is as a shield against aggressive Police tactics. They know which questions violate the rules concerning Police interrogations. A Lawyer can help stop these questions before they even begin. This could frustrate Law Enforcement’s efforts to obtain an easy confession.
Providing Protection During Arraignments and Protective Order Hearings
An arraignment is the first Court session after an arrest on criminal charges. It is also when a Defendant learns about bail conditions related to their case. Some clients will have the opportunity to pay cash or obtain a bond to secure their release while awaiting trial. A Lawyer could help argue for fair bail terms that an individual is more likely to meet. Many of our clients are released without having to post any monetary bond.
Another early Court hearing during domestic violence cases concerns creating a protective order. These orders can force a person to stop all contact with the alleged victim while the case moves through the Courts. A legal representative could work to convince the Court that these orders are not necessary. In West Palm Beach, the role of an Attorney in a domestic violence case is to support and protect their Client to ensure the best possible result with the least amount of consequences.
Call a West Palm Beach Domestic Violence Attorney Today
The sooner the facts of any domestic violence allegation are thoroughly explored, the stronger the opportunity a defendant will have to fight back and tell the other side of the story.
If you are facing allegations in this realm, there is no reason to delay in enlisting the aid of a West Palm Beach domestic violence lawyer who is ready to advocate on your behalf. The sooner you hire an experienced lawyer and former prosecutor, the more likelihood there is of early intervention on your behalf, possibly resulting in the dismissal of the charges, depending on the facts and circumstances of your case. Reach out today to learn more about your options.
