Category Archives: Domestic Violence
Two Important Things to Know About Domestic Violence Charges in Fort Lauderdale
Being charged with domestic violence can have many serious consequences. Other than jail time and high fines if you are convicted, you may also have difficulty obtaining employment and there is a very real possibility of losing child custody, even if you are not convicted. It is critical that you obtain legal representation as… Read More »
How to Fight a Restraining Order in Fort Lauderdale
In Florida, victims of domestic violence may be able to obtain an injunction, more commonly referred to as a restraining order, to protect them from their abuser. Restraining orders include specific terms that you must comply with if one is obtained against you. This includes avoiding contact with the alleged victim, even if this… Read More »
What Constitutes Domestic Violence in Florida?
If you or someone you love has been arrested for or charged with domestic violence, you are likely feeling stressed and overwhelmed. However, facing domestic violence charges does not necessarily mean it will end in a conviction. Florida’s domestic violence laws address different types of violence occurring between members of the same family or… Read More »
The Legal Grounds for Obtaining a Domestic Violence Injunction in Florida
Domestic violence injunctions, often called restraining orders in other states, can have a significant impact on the life of both the petitioner and the respondent. An injunction is a civil court order requiring an individual to stay away from the person seeking protection. It can prevent contact in any form, including phone calls, text… Read More »
Can a Victim Choose To Drop Domestic Violence Charges in Florida?
A common question we get in Domestic Violence cases is whether the victim can drop the charges once they have been filed. Many people assume that the victim should have control of the case and can, therefore, drop the charges if they see fit. However, the reality is once the domestic violence charges are… Read More »
Can the State Appeal a Sentence in a Domestic Violence Case?
Florida prosecutors go to significant lengths to prosecute individuals accused of domestic violence and related crimes. And while the state cannot appeal a jury verdict of “not guilty” acquitting a defendant of such charges, in some cases it can appeal a trial judge’s decision to impose a sentence that falls below the minimum required… Read More »
How Domestic Violence Charges in Florida Can Affect Your Employment
Allegations of domestic violence are often enough to tar someone as an abuser in the eyes of the press and the public. This often includes the accused person’s employer. Many private and public employers in Fort Lauderdale are reluctant to hire or retain someone who has been convicted of–or even charged with–crimes involving domestic… Read More »
Can Past Threats Justify a Domestic Violence Injunction in Fort Lauderdale?
Domestic violence injunctions are a legal tool to protect individuals who are in “imminent danger” of abuse. Put another way, injunctions are for current victims of domestic violence. A Florida court is not allowed to issue an injunction based on “stale” accusations that are considered too remote in time. Florida Appeals Court: No Evidence… Read More »
Could I Lose My Job Following a Domestic Violence Arrest in Fort Lauderdale?
An arrest for domestic violence carries a significant stigma. Even if Florida prosecutors ultimately drop the charges, or a jury acquits the defendant following a trial, the mere allegation can still follow a person for months or years. This can lead to additional consequences outside the scope of the criminal justice system, such as… Read More »
The Importance of Due Process in Florida Domestic Violence Injunction Hearings
Before issuing a final domestic violence injunction, a Florida judge must hold a hearing, at which both the petitioner and the respondent are allowed to present evidence. The petitioner is the person alleging they are a past or likely future victim of domestic violence. The respondent is the person accused. The final hearing proceeds… Read More »