Florida has four different types of protective orders that include domestic, repeat, dating and sexual.
Charges for domestic violence can result in negative impacts to the future of those accused with the offense, and divide and erode trust in a family dynamic. Something as simple as a family disagreement can end up with an arrest for domestic violence if it is not handled correctly. Once the police are called to the scene, it is much harder to smooth over the problem and move on for all parties, as the state of Florida has discretion on whether or not a case will be prosecuted. Arrests usually occur when the police arrive on the scene of a violent altercation between spouses or other family members. Once the situation results in an arrest, it is imperative that a skilled Florida criminal defense lawyer be called to assist.
Domestic violence
Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, threats, and emotional abuse. Domestic violence is violence occurring at the hands of people known to the victim, such as partners, spouses, ex-spouses, parents, children, boyfriends, and girlfriends. An experienced criminal defense attorney can help with next actions involving domestic abuse allegations. They may use tactics that include:
Early representation is key
Early representation when a lawyer is retained early on after a charge, the outcomes may be more favorable especially when the alleged victim does not wish to press charges. Ultimately the State Attorney’s Office will review the case and see if it is winnable on its merit toward a conviction. During the early period after the charges, a defense attorney may have some impact on the outcomes by calling the attorney who filed the charges and discussing the cases possible weaknesses to convince the State’s Attorney to drop the case, or file lesser charges. This may result in a waiver of prosecution where a domestic violence victim does not want to press charges. A document is prepared indicating their desire to not press charges and is notarized and signed. A Florida State Attorneys’ office can generate such a document, or push forward with a case at their discretion. It is wise to pursue legal counsel for domestic violence situations.
Widespread domestic violence
The harsh reality is that domestic violence affects millions of Americans despite efforts against it, including the issuance of domestic violence protective orders which may be issued if a family/household member commits assault, aggravated assault, and sexual assault; battery, aggravated battery, and sexual battery; stalking and aggravated stalking; kidnapping and false imprisonment.
Protective order not enough
A protective order is a legal injunction or official document issued by the court to protect someone from future violence by ordering the abuser to stay away from and not contact the victim who requested the order. Florida has four different types of protective orders that include domestic, repeat, dating and sexual. Domestic violence protective orders intend to protect victims who have a specific, often intimate relationship with the abuser. Talk to a Florida domestic violence criminal defense attorney about actions current or former spouse, relative by blood or marriage, co-habitant or former co-habitant, or child’s other parent, especially when it is believed that charges are not viable, or warranted.
Hire an attorney for domestic violence problems
Women in Florida have experienced intimate partner dating violence approximately 34.2% while men have experienced it 24.6% of the time. If you have been unjustly accused of domestic violence, been arrested, forced to surrender a firearm, or kept from your children because of a false allegation, contact the Law Office of Michael D. Weinstein for a consultation to see what legal remedies are available to you.
Sources:
Violence Policy Center (2012). American Roulette: Murder-Suicide in the United States. Retrieved from: www.vpc.org/studies/amroul2012.pdf,
Fla. Stat. §§ 741.31(4)(a)(8)
Fla. Stat. §§ 741.30(6)(a)(7)
Fla. Stat. §§ 741.30(5)(a)
Fla. Stat. § 784.046(6)(a)
Fla. Stat. § 784.046(7)(b)
Fla. Stat. § 790.065(2)(a)(2) & (3).
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