Domestic violence and allegations of domestic violence are unfortunately all too common in contested family law matters. As our Fort Lauderdale domestic violence lawyers know, this type of legal matter can be stressful, prolonged, and emotionally charged. Additionally, there can be serious ramifications for people accused of domestic violence, even if they are not actually convicted. Just the mere rumor or fact that a domestic violence matter involves you or names you as a party can be damaging for your reputation, employment opportunities, and relationship with your children. At Stok Kon + Braverman, we understand the situation’s inherent complexities, and we are ready to help you navigate its challenges with compassion and care.Domestic Violence Laws in Florida
Florida has enacted criminal laws that govern domestic violence situations, which cover a broad range of both relationships and prohibited conduct. Domestic violence can occur between spouses, former spouses, blood relatives, in-laws, and roommates. It also can occur between individuals who used to be in any of these relationship dynamics or who used to be roommates. Perhaps the most obvious type of conduct that constitutes domestic violence is assault and battery. This includes the intentional and non-consensual touching or hitting of another person with whom you reside or used to reside, or with whom you have or have had a blood or marital relationship. There are other types of conduct that constitute domestic violence, however, and it is important to understand how they may implicate criminal liability as well.
Stalking can constitute domestic violence when an individual maliciously or willfully follows someone on a repeated basis. As another example, cyberstalking can comprise domestic violence when the perpetrator engages in email communications or other digital conduct that has the sole intent of causing harm or harassing the victim. Kidnapping and false imprisonment are also types of domestic violence. This type of conduct can be very subtle and often results from psychological intimidation creating a situation in which the victim does not believe that he or she is allowed to leave an area.
As a domestic violence lawyer in the Fort Lauderdale area can explain, an arrest based on domestic violence can take place after just one person makes an accusation. He or she does not need to have witnesses or proof. Also, the police have the power to make an arrest even if the other party does not wish to bring a domestic violence charge. The victim does not have the option to have the charge dismissed either. This means that the information provided to the police can make a huge difference when it comes to determining whether or not domestic violence occurred.Defenses to Domestic Violence Allegations
There are some recognized defenses to domestic violence allegations in Florida, including self-defense. This is generally defined as the right to prevent violence or the non-consensual use of force against you by responding with a reasonable level of countervailing force. Another common defense that our Fort Lauderdale domestic violence attorneys often have seen is false allegations. Many people bring domestic violence charges against another member of their household or their former partner as a way to harass, intimidate, or punish the other person. They may be looking to gain an advantage in a child custody dispute or another family law matter.
Another defense that Florida courts recognize is lack of intent. There are some types of conduct that require an intent to harm or to harass the victim, such as cyberstalking. If the prosecution cannot prove that the defendant had the requisite intent, the domestic violence charge cannot be sustained. A knowledgeable family lawyer can assist you with constructing a strategy that applies to your situation.Protect Your Legal Rights by Retaining a Domestic Violence Lawyer in Fort Lauderdale
At Stok Kon + Braverman, we understand how stressful a domestic violence matter can be. We have assisted individuals in many South Florida cities, including Fort Lauderdale, Boynton Beach, Hollywood, Pembroke Pines, Tamarac, Weston, Plantation, Pompano Beach, Hallandale Beach, Davie, and Coconut Creek. We provide a free consultation* to help you learn more about your legal options and how our team can help you assert your rights and protect your liberties. Contact us online or call us at 954-237-1777 or 561-736-7117. You should not hesitate to take action if you are concerned that domestic violence or child abuse may be or may become an issue in a current or former relationship.