Fort Lauderdale Domestic Violence Lawyer

What Is Domestic Violence?

Under § 741.28, Fla. Stat. (2022), domestic violence is defined to include any of the following offenses that result in death or physical injury to a household member or family member of the defendant:

• Assault/aggravated assault
• Battery/aggravated battery
• Sexual assault/sexual battery
• Stalking/aggravated stalking
• Kidnapping
• False imprisonment
• Any other offense that causes physical injury or death to a household or family member

Household and family members are defined as including people with the following relationships with the defendant:

• Spouse/former spouse
• Blood relatives
• Relatives through marriage
• People who are living together as a family or have done so in the past
• Person who shares a child in common with the defendant

Other than people who share children in common with the defendant, household or family members must either currently live with the defendant or have done so in the past for a domestic violence charge to be supported.

Crimes of Domestic Violence

In addition to the crimes listed above, domestic violence offenses also include any crime that results in the death or injury of a household or family member. Some of the common types of crimes of domestic violence that might be charged include the following:

• Domestic violence assault or battery
• Domestic violence stalking
• Domestic violence battery involving strangulation
• Aggravated battery on a pregnant victim
• Child abuse or neglect
• Cyberstalking

Protection Orders

Alleged victims of domestic violence can ask the court for an order of protection against domestic violence. This involves a civil hearing that is separate from a criminal case. A protection order might be issued even when a criminal case has not been filed. In a protection order hearing, the burden of proof required is lower than in a criminal case. Alleged victims only have to prove their allegations by a preponderance of the evidence to obtain a restraining order.

If an order of protection is issued, it can carry the following consequences:

• Loss of visitation or child custody
• Having to move out of a shared home
• Loss of the right to possess, own, or carry a firearm

Violating a domestic violence protection order can also be prosecuted as a separate crime that carries potential jail time and stiff fines.

Resources for Domestic Violence

There are multiple programs available to victims of domestic violence in Miami-Dade County through the Miami-Dade County Community Action and Human Services Department, including two shelters, two transitional housing facilities, three outreach units, and the Coordinated Victims Assistance Center. The department can be reached at (786) 469-4600.

The Florida Coalition Against Domestic Violence (FCADV) is an association of the 42 domestic violence programs in Florida. This agency administers federal and state funds for domestic violence shelters and provides information on its website about the various programs and shelters overseen by FCADV.

Defending Against Charges of Domestic Violence

Domestic violence crimes often arise when family or household members are involved in disputes. If one of the parties or a third party calls the police, the officers will often arrest someone even when there might not be any evidence to support criminal charges.

Unfortunately, some people falsely accuse others of committing acts of domestic violence. This might occur when a person wants to get revenge or obtain the upper hand in a divorce or child custody case.

An experienced Fort Lauderdale criminal defense lawyer at Hassett & Associates will carefully review the facts and circumstances to identify the best defenses available. Attorney Kenneth Hassett has years of experience and will work to build the strongest possible defense case for you. Call us today to learn more at (954) 791-3939.