What Is Domestic Violence?
These charges can include physical violence, threatened violence, stalking, and other types of abuse committed against a family member, someone who lives in your household, or even abuse against a significant other even if you are not living with them at the time the abuse occurs.
Under Florida law, domestic battery refers to the intentional touching or striking of another person without his or her consent.
If you have been accused of any type of domestic abuse or violence, an attorney at our Fort Lauderdale firm in Broward County can help you get the charged dismissed or reduced.
What Constitutes a Family or Household Member?
These types of charges involve family or household members. This can include:
- Wives and husbands
- Ex-wives and ex-husbands
- Individuals related by blood or marriage
- Individuals living together as a family
- Individuals who have resided together as a family in the past
- Persons who have a child in common (regardless of a prior marriage)
Why Can't These Charges Be Dropped?
When police officers respond to domestic abuse calls, they typically arrest one party, even if the opposing party does not wish to file charges.
Once the police report is filed, the case moves to the Office of the State Attorney where prosecutors decide whether to file formal charges or dismiss the case. Unfortunately, even if the victim does not wish to pursue charges, the decision is up to the State, which can often make it difficult to get the charges dropped.
However, our Fort Lauderdale attorneys can reach out to the prosecution to submit evidence in your defense, bring up any legal issues with the case, and present mitigating circumstances, all of which can affect the state's decision to move forward, well before the charges are ever filed.
If the case isn't dropped in its early stages, we will file the appropriate pre-trial motions to convince the court to dismiss your or reduce the charges. If no resolution can be reached, we will be prepared to present your case to a jury.
Effective Legal Defense Strategies
We will consider all of the facts and circumstances of your case to provide you with the best representation and defense possible. The prosecution may not wish to proceed with your case if we can show:
- The accuser has no injuries
- The facts and evidence can be disputed
- A lack of evidence
- The accuser is seeking revenge
- The defendant acted in self-defense
- The defendant acted in the defense of other people or property
- The confrontation was mutual
Hiring the right attorney who can properly navigate through the criminal court system is essential so you know what options are available to you while your charges are pending.