Category Archives: Domestic Violence
The Legal Grounds for Obtaining a Domestic Violence Injunction in Florida
Domestic violence injunctions, often called restraining orders in other states, can have a significant impact on the life of both the petitioner and the respondent. An injunction is a civil court order requiring an individual to stay away from the person seeking protection. It can prevent contact in any form, including phone calls, text… Read More »
Can a Victim Choose To Drop Domestic Violence Charges in Florida?
A common question we get in Domestic Violence cases is whether the victim can drop the charges once they have been filed. Many people assume that the victim should have control of the case and can, therefore, drop the charges if they see fit. However, the reality is once the domestic violence charges are… Read More »
Can the State Appeal a Sentence in a Domestic Violence Case?
Florida prosecutors go to significant lengths to prosecute individuals accused of domestic violence and related crimes. And while the state cannot appeal a jury verdict of “not guilty” acquitting a defendant of such charges, in some cases it can appeal a trial judge’s decision to impose a sentence that falls below the minimum required… Read More »
How Domestic Violence Charges in Florida Can Affect Your Employment
Allegations of domestic violence are often enough to tar someone as an abuser in the eyes of the press and the public. This often includes the accused person’s employer. Many private and public employers in Fort Lauderdale are reluctant to hire or retain someone who has been convicted of–or even charged with–crimes involving domestic… Read More »
Can Past Threats Justify a Domestic Violence Injunction in Fort Lauderdale?
Domestic violence injunctions are a legal tool to protect individuals who are in “imminent danger” of abuse. Put another way, injunctions are for current victims of domestic violence. A Florida court is not allowed to issue an injunction based on “stale” accusations that are considered too remote in time. Florida Appeals Court: No Evidence… Read More »
Could I Lose My Job Following a Domestic Violence Arrest in Fort Lauderdale?
An arrest for domestic violence carries a significant stigma. Even if Florida prosecutors ultimately drop the charges, or a jury acquits the defendant following a trial, the mere allegation can still follow a person for months or years. This can lead to additional consequences outside the scope of the criminal justice system, such as… Read More »
The Importance of Due Process in Florida Domestic Violence Injunction Hearings
Before issuing a final domestic violence injunction, a Florida judge must hold a hearing, at which both the petitioner and the respondent are allowed to present evidence. The petitioner is the person alleging they are a past or likely future victim of domestic violence. The respondent is the person accused. The final hearing proceeds… Read More »
What Counts as “False Imprisonment” in a Florida Domestic Violence Charge?
Domestic violence encompasses many possible crimes in Florida – including false imprisonment. This offense is difficult to understand for many defendants. If you have been accused of domestic violence on this basis, you might be wondering what exactly you did wrong. With a clearer understanding of false imprisonment in Florida, it may be easier… Read More »
What Happens During Cross-Examination in a Florida Domestic Violence Hearing?
If your significant other is pursuing a domestic violence injunction in Florida, they may decide to testify. Otherwise known as “taking the stand,” this involves speaking under oath. In most cases, they will describe the alleged domestic violence that you have committed. Although this testimony can help them achieve an injunction, there is a… Read More »
Defining Deadly Weapons in Fort Lauderdale Domestic Violence Cases
Domestic battery charges become much more serious with the presence of a deadly weapon. If prosecutors establish that you used a deadly weapon, you may face mandatory minimum sentences, the loss of your constitutional rights, serious fines, and a range of other consequences for domestic violence in Fort Lauderdale. When facing this situation, it… Read More »