Domestic Battery | Family Violence Lawyers Fort Lauderdale

Domestic violence is a crime that can include physical, sexual, emotional, economic or mental abuse. It is termed domestic violence because it involves a loved one or someone the defendant is close to, such as a spouse, child, elder, family member, significant other, boyfriend, girlfriend, or cohabitant. Domestic violence is considered a violent crime in Florida and can be trtied either as a misdemeanor or felony depending on the circumstances.If you are being accused of or have already been placed under arrest for domestic violence, you need a Fort Lauderdale domestic violence defense attorney as soon as possible.

Some prosecutors and judges feel that domestic violence can be a prelude to assault and battery, rape, manslaughter and even murder. For this reason, the laws can be harsh in domestic violence cases. You need a Florida domestic violence lawyer from Leader & Leader to help you avoid conviction and any long-term consequences.

If police receive any hint that spousal abuse or violence may be involved in a domestic dispute, they will make an arrest. Once law enforcement actions have begun, they are hard to stop.

Examples of Domestic Violence

• Threats
• Intimidation
• Annoying Phone calls
• Stalking (such as following the victim to and from work, and threatening the victim)
• Physical Assault or Abuse
• Hitting
• Kicking
• Biting
• Pinching
• Punching
• Hair pulling
• Beating
• Slapping
• Pushing
• Shoving
• Sexual Abuse
• Unwanted sexual touching
• Forced sexual acts
• Criticizing sexual ability
• Verbal Abuse
• Emotional cruelty
• Constant criticism
• Name calling
• Ignoring the victim
• Degrading remarks
• Mocking
• Taunting
• Swearing
• Financial Abuse
• Refusing to pay bills
• Withholding money from victim
• Not allowing victim to work
• Not purchasing family necessities
• Social Abuse
• Opening and reading victim’s mail
• Monitoring and listening in on telephone calls
• Outward jealousy and possessiveness
• Isolating the victim from family / friends
• Violating privacy rights of victim
• Child Abuse
• Child endangerment charge

Examples of Domestic Violence

Domestic violence charges may be submitted and filed as a misdemeanor or a felony. How it is submitted and filed by the Prosecutor is based on the severity of the case. Severe injuries (including severe cuts and broken bones) will always be charged as a felony. No injury or slight injury cases will generally be submitted and filed as a misdemeanor. Both past acts of reported domestic violence and the criminal history of the accused may also influence how the case is submitted and filed—usually as a felony.

Misdemeanors:
Brief prison sentence (0 to 6 months County prison)
Counseling (52-week program)
40 hours of community service or physical labor
Various fines
Stay-Away Order from the victim, including moving out from residence
“No Harm, No Strike” Order for couples

Felonies:
Jail time (time can variety from 3 months in County prison to 3 years in State prison)
Counseling (52-week program)
40 hours of community service or physical labor
Various fines
Stay-Away Order from the victim, including moving out from residence
“No Harm, No Strike” Order for couples

Additionally, the arrest and prosecution can be used against you in a divorce, family law, or child custody hearing. Consider the fact that a conviction for any domestic violence offense will cause a lifetime ban of your right to possess a firearm under state and federal law. Also important is the fact that employers may be extremely hesitant to hire or promote anyone who has a domestic violence arrest or conviction on a criminal record. Even if you enter a plea of “no contest” and receive a “withhold of adjudication,” you will never be able to seal your domestic violence record. If you are not a U.S. citizen, a domestic violence conviction may result in deportation or your immigration status may otherwise be negatively impacted.

Dropping charges

In Florida, you can be arrested and prosecuted for domestic violence even if the victim does not want you arrested.

In some cases, particularly with Spousal Abuse, it is very difficult for the victim to lower the charges against the abuser. The Prosecutor can proceed with the criminal case even if the alleged victim decides not to go to court. The Prosecutor is the only one who can lower charges because the victim is merely a witness in a government prosecution.

Skilled Domestic Violence Legal Representation

All these factors make a domestic violence charge extremely serious. The Florida domestic violence laws are extremely complex and specialized. You need a skilled Florida domestic violence defense attorney in your corner who is empathetic yet aggressive. At Leader & Leader, we know that a domestic violence charge may result from a moment of bad judgment, an accident of circumstances, or a simple miscommunication. It is critical that you speak with the experienced attorneys at Leader & Leader before you make any decisions that could have lifelong consequences regarding a charge involving domestic violence.

Contact our Fort Lauderdale criminal defense law firm, Leader & Leader, PA, at 954-523-2020.