Domestic Assault and Battery
Domestic assault and battery or alleged domestic assault and battery unfortunately plays a role in many family law matters in Florida. It is similar to assault and battery, but the domestic nature of the situation adds distinctive dynamics. For example, it may affect a parent’s child custody rights if they share children with the alleged victim. At Stok Kon + Braverman, our lead attorney has been board certified in marital and family law for over 20 years and has assisted many people with protecting their legal rights from offices in Boynton Beach and Fort Lauderdale. Based on our experience, we recognize that situations involving domestic violence can be some of the greatest challenges that you will face. Fort Lauderdale domestic battery lawyer Alan Jay Braverman can stand by you at each phase of the process and ensure that you receive the fair treatment and justice that you deserve.Understanding Domestic Assault and Battery Under Florida Law
According to Florida law, a domestic violence battery constitutes any actual or intentional striking or touching of another person without that person’s consent when the victim is a family member or a member of the same household. It has also been defined as the intentional causing of bodily harm to a family member or a member of the same household. Assault involves an imminent threat to commit these acts against another person. The terms “family member” and “household member” have been defined broadly. They include spouses, ex-spouses, blood relatives, in-laws, persons living as a family together, individuals who have lived together as a family in the past, and people who share a child or children even if they were not married. Other than persons who share a child, the law requires that the family or household members currently live together, or that they have lived together in the past in a single dwelling unit. A domestic battery attorney can explain to Fort Lauderdale residents whether their specific relationship may support a charge of domestic violence.
The penalties for domestic battery can be serious. It may be charged as a first-degree misdemeanor, which may result in up to one year in jail, 12 months’ probation, and/or a $1,000 fine. When domestic violence is involved, Florida laws require additional penalties beyond those for an ordinary assault and battery, such as the completion of a 26-week program called the Batterer’s Intervention Program. You may also lose some of your rights, such as the right to have a concealed weapon, and you may be required to refrain from contacting the other party.Defenses to Domestic Assault and Battery
Some domestic battery accusations have merit, but there are also sometimes instances in which the allegations are false or based on inadequate evidence. There are certain defenses that may apply in your situation, which is why it is critical to speak to a Fort Lauderdale domestic battery attorney as soon as possible. For example, there may be inconsistencies in the testimony of the opposing witnesses, which can undermine their credibility before a judge or jury. The absence of any injuries or signs of injury also can be used as a defense to meritless battery charges. A vindictive victim who wants to harass the defendant as revenge during a breakup or divorce may file a false domestic battery report as a way to interfere with the defendant. Exposing this type of motive may support your defense.
Moreover, some defenses are based on the notion that you have a right to defend yourself against an attack from someone else, or while under a reasonable impression that you are about to be under attack. This theory also applies when you are defending another individual from an attack or an imminent attack, such as a child or roommate. Finally, the evidence may suggest that the alleged victim actually consented to the conduct at the time. To determine whether one of these defenses may apply to your situation, contact Alan Braverman today.Contact a Diligent Domestic Battery Lawyer in the Fort Lauderdale Area
A domestic assault and battery matter can cause significant difficulties in your life, particularly if the allegations are entirely false and only intended to harass you. At Stok Kon + Braverman, we can work tirelessly to ensure that your right to fair treatment is honored at each step of the process. We can assist you with gathering evidence, identifying witnesses, and interacting with the authorities to ensure that they play by the rules. We have represented people accused of domestic violence or child abuse in Fort Lauderdale, Boynton Beach, Hollywood, Pembroke Pines, Tamarac, Weston, Plantation, Pompano Beach, Hallandale Beach, Davie, and Coconut Creek. Contact us online or call us at 954-237-1777 or 561-736-7117 to schedule your free consultation*.