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 soon as possible after being charged to protect yourself, and your future. Below, one of our Fort Lauderdale domestic violence defense lawyers explains two important things you need to know about these charges.

Many Disputes Can Result in Domestic Violence Charges 

Under Florida law, domestic violence classified as battery occurs when someone intentionally strikes or touches another person without their consent. Even when the alleged victim did not suffer serious injury, the accused can still face charges. It is not uncommon for arguments that result in shoving or pushing without serious injury to result in domestic violence charges. However, when a domestic violence case involves serious injury such as strangulation, enhanced penalties may apply. These cases are often classified as third-degree felony offenses, punishable by up to five years in prison.

It is also important to note that the individuals involved in a domestic case do not necessarily have to be in a romantic relationship. Domestic violence altercations must only involve members of the same household or family. This includes spouses, former spouses, individuals living together as a family unit, people related by marriage or good, people who have a child together, and individuals who have shared a household previously.

 Likely due to the many television shows and movies that depict domestic violence victims stating that they will drop the charges, many people believe this is how these cases proceed in reality. It is not. In fact, alleged victims of domestic violence do not determine whether the charges will be dropped. The state pursues domestic violence charges in the interest of public safety and alleged victims cannot interfere with that. As such, a case can proceed even if the alleged victim does not want it to.

The best alleged victims can do if they do not want the prosecution to pursue the case is to speak to their own attorney. Their lawyer can then speak to the prosecution on their behalf. Those accused of domestic violence should not interfere with this process, as there will likely be a no-contact order in place.

Our Domestic Violence Lawyers in Fort Lauderdale Can Help with Your Case 

Being charged with domestic violence is a stressful and overwhelming experience. You may wonder what will happen to you, your freedom, and perhaps even your family. At Haber Blank, LLP, our Fort Lauderdale domestic violence lawyers know what a difficult time this is for you but we also know the ways that can make it easier. To get the defense you need and ensure your rights are protected, call us now or fill out our online form to schedule a consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html