Articles Posted in Domestic Violence

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A new rule for Florida domestic violence investigations requires police responding to such calls to ask a dozen mandatory questions.Fort Lauderdale domestic violence defense attorney police talks to domestic violence victim

New Mandatory Florida Domestic Violence Questions

If police in Florida (including Broward, Palm Beach, and Miami-Dade Counties) are called to the scene of a suspected domestic violence incident, they are now required to ask the suspected victim ALL of the following questions:

  1. Has the other person ever used a weapon against you or threatened you with a weapon?
  2. Has he/she/they ever threatened to kill you or your kids?
  3. Do you believe he/she/they will try to kill you?
  4. Has the other person ever choked you or attempted to choke you?
  5. Does he/she/they have a gun or could they easily get one?
  6. Is the other person violently or constantly jealous? Or do they control most of your daily activities?
  7. Did you leave or separate after living together or being married?
  8. Is the other person unemployed?
  9. To the best of your knowledge, do you know if the other person has ever tried to kill themselves?
  10. Do you have a child the other person believes is not his/her/their biological child?
  11. Have they ever followed you? Spied on you? Left threatening messages for you?
  12. Is there anything else that worries you about your safety? If yes, what is it that worries you?

This information must be detailed in a written report that clearly indicates the alleged offense is one of domestic violence. That report – which will ultimately become public – is then given to the officer’s supervisor and filed with the agency. If the person answers “yes” to any of the first 4 questions or the last question, they’re referred to a the nearest domestic violence shelter. Same if they answer yes to at least 4 of questions 5-11. Even if they answer “no” to all questions, it’s at the officer’s discretion whether to refer them to a shelter or DV advocate.

But just because officers are required to ask these questions doesn’t mean the person is required to give answers.

And if you are the person suspected of being the aggressor, we understand it can be tempting to jump in and correct or clarify – particularly if the person being questioned is giving police incorrect or misleading information. However, this is a good time to exercise your right to remain silent. Keep in mind that officers aren’t just listening to the answers of the person to whom they’re speaking. They’re watching your reactions too. Anything that could be interpreted as aggressive or intimidating (even just slightly raising your voice or talking over someone) is going to be noted and could be used against you in a court of law. The very best thing to do here is stay silent, calm, and leave the talking to a Fort Lauderdale criminal defense attorney.

New Police Protocol Promoted by Gabby Petito’s Parents

As a Fort Lauderdale domestic violence defense attorney can explain, this new line of mandatory police questioning in Florida domestic violence investigations is the result of Senate Bill 1224, the Gabby Petito Act. The 22-year-old New York woman was reportedly slain by her boyfriend in Wyoming while the two were on a 2021 cross-country trip that originated in Florida. About a month after her death, her boyfriend took responsibility for her death in a note before committing suicide in a Florida swamp. Continue reading

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For those arrested for domestic violence in Fort Lauderdale, one of the first questions is, “How much jail time will I get?” Fort Lauderdale domestic violence defense attorney

As Broward domestic violence lawyers, it’s impossible to say for certain without examining the specifics of your case, but what we can say is this:

  • You will probably be held in jail at least until your first appearance – even in misdemeanor domestic violence cases. Ideally, that first appearance is within 24 hours of the arrest, though it can take longer if the arrest occurred early in the weekend or right before a holiday.
  • You will likely be granted the opportunity to be released on bail. However, your release will probably be dependent on a number of special conditions, such as having no contact with the alleged victim, relinquishing possession of any firearms, and possibly GPS monitoring.
  • An arrest doesn’t automatically mean you’ll be convicted or even charged. Hire a defense lawyer who can engage prosecutors in talks early, presenting factual defenses, legal issues and mitigating circumstances. This can sometimes sway prosecutors early on not to file charges or to file lesser charges – both of which minimizes your risk of jail time.

Now, let’s say you are convicted for domestic violence. You will probably serve some jail time, but the exact amount can vary widely.

One of the reasons for that is that “domestic violence” doesn’t refer to a single crime. It can involve anything from threats, harassment and stalking to kidnapping, sexual battery or felony battery. What differentiates it as an act of domestic violence is the relationship between the two parties. A violent act is considered one of domestic violence if the accuser and accused are family or household members who live together or used to live together as a family OR they share a child together (regardless of whether they ever lived together). Continue reading

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South Florida criminal defense attorney Richard Ansara was recently interviewed by the South Florida Sun Sentinel for an article about a proposed Florida bill that would increase the severity of stalking offenses involving the unauthorized use of wireless tracking devices. As a criminal defense lawyer representing South Florida clients accused of domestic violence, Richard Ansara is uniquely qualified to weigh in on proposed legislative change.Attorney Richard Ansara unauthorized tracking device

As it stands, F.S. 934.425 outlaws the unauthorized installation of tracking devices or tracking applications – including surveillance software on phones. With very few exceptions, you cannot install a tracking device on someone’s phone, computer, car, person, etc. without their consent. To do so is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

A new Florida bill would bump the offense up to a third-degree felony, which would make it punishable by up to 5 years in prison and a $5,000 fine.

Proponents of the law say the current law gives police little power to properly investigate complaints because they lack the authority to obtain a search warrant per F.S. 933.02 that could help ascertain who bought the device, downloaded the software, or is using the tracker to keep tabs on a victim. If the offense of unauthorized tracking were increased to a felony, then police would have greater authority to obtain a search warrant.

A big problem Criminal Defense Lawyer Richard Ansara has with that is it addresses the wrong thing. If the only reason to make unauthorized use of a tracking device a felony as opposed to a misdemeanor is so that police can obtain search warrants, it begs the question: Why not modify the law on search warrants? Why should the penalty for unauthorized use of a tracking device be substantially greater than for an actual physical assault on someone?

As Ansara told The Sun Sentinel:

“People do desperate things in relationships, specifically when they are trying to determine whether infidelity is occurring. Some may decide to drop an AirTag in a spouse’s vehicle and or clothing to try to get to the bottom of what is happening in their relationships. Is this correct behavior? No.

“Should this behavior be punished more harshly than someone who straight up punches their spouse in the face? Absolutely not. That person would only be charged with a misdemeanor battery.” Continue reading

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When it comes to criminal allegations, judges are generally reluctant to allow consideration of a defendant’s “prior bad acts.” The reasoning here is pretty straightforward: Providing proof of previous misconduct has the potential to poison juror perception of the defendant, leading to potentially unfair outcomes.Palm Beach domestic violence lawyer

The fear is that a conviction will be based on evidence that the defendant committed a different crime besides the one being charged. Similarly, there is concern that jurors may be swayed to convict someone on the basis that they’re a “bad person,” rather than on solid evidence of a crime.

Why is this more of an issue in Florida domestic violence cases? As a Palm Beach domestic violence defense lawyer can explain, courts are more likely to allow evidence of prior bad acts in domestic violence cases than in others.

Prior Bad Acts Reflect Poorly on Defendant

Prior bad acts are generally only admissible when they are relevant and necessary to establish motive, intent, mistake, identity or a common scheme/plan. Domestic violence cases often turn on issues of credibility (he said/she said), particularly if an alleged victim recants. In these cases, introducing evidence of prior violence can make a huge difference between conviction and acquittal.

Such evidence can be used to: Continue reading

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The U.S. Supreme Court is poised to decide whether to uphold a federal law that prohibits individuals subject to a domestic violence restraining order from possessing firearms. firearm license firearm possession offense Fort Lauderdale defense attorney

The case is U.S. v. Rahimi, and it involves a Texas man accused of striking his girlfriend during an argument and later threatening to shoot her.

As Fort Lauderdale criminal defense lawyers who have represented defendants in matters of domestic violence, domestic violence restraining orders, and unlawful firearm possession, we’ve been watching the case closely. Although it comes down to federal law (18 U.S.C. §922(g)(8)) and we primarily handle state-level cases, there could certainly be some ripple effects if the justices err on the side of the right to bear arms.

Despite the conservative bend on the bench and the fact that justices expanded gun rights last year, many legal scholars are concluding it unlikely justices will go against the grain on this federal law in the Rahimi case. A federal appellate court in that matter struck down a 1994 federal ban on firearms for those under court order to stay away from their partners or spouses.

Whatever they decide, it could have implications for lots of other cases – including a pending matter involving President Joe Biden’s son, Hunter Biden. The younger Biden is facing criminal charges for purchasing a firearm while addicted to drugs, something that is also prohibited under federal law, though less commonly enforced as the domestic violence restraining order restriction.

As noted during the SCOTUS oral arguments, the existing federal background check system has blocked some 75,000 gun sales to those subject to domestic violence protection orders over the last 25 years.

What the Federal Law Says

The federal law says it’s unlawful for a person who has a protection order (a Florida judgment of injunction for protection of domestic violence meets this definition) in effect to possess guns or ammunition, to ship or transport guns or ammunition interstate, to receive any that have been so shipped or transported, or to have any that have been seized returned to them. The respondent in that case must be identified as an “intimate partner” (spouse, ex-spouse, co-parent, or person who lives/has lived together with victim). There are exemptions for police and active military members who who are required to possess service firearms as part of their job.

If a person is convicted of a domestic violence offense, they are permanently disqualified from possessing a gun or ammunition – and there’s no official use exemption in that case. Even if the case is expunged, the court can still retain that firearm prohibition.

Violate the federal firearm law on this, and you’re facing up to 10 years in federal prison and/or a $250,000 fine.

However, as our Fort Lauderdale defense attorneys can explain, even the repeal of the federal law wouldn’t necessarily mean these prohibitions would magically disappear. That’s because we still have state firearm restrictions for domestic violence injunctions with which to contend.

Florida Firearm Possession Rules for Subjects of Domestic Violence Injunction Continue reading

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The charge of domestic violence often conjures up images of bruises, black eyes, and broken bones. But one of the most serious Florida domestic violence offenses often leaves no marks at all. Fort Lauderdale domestic violence lawyer

If you are arrested for domestic violence by strangulation in Fort Lauderdale, it’s important to understand that this charge is much more serious than a typical domestic violence battery case. Florida lawmakers made the point of carving out an entirely separate statute for the offense of non-fatal choking or strangulation. Rather than being a misdemeanor punishable by up to 12 months in county jail, (as most domestic violence charges are), F.S. 784.041 makes domestic violence strangulation a third-degree felony, which is punishable by a maximum of 5 years in state prison.

It does not require proof of great bodily harm, permanent disability, or permanent disfigurement (which IS required for other domestic violence battery incidents to be charged as a felony). In 2019, a Florida district appellate court ruled in Lopez-Macaya v. State that there’s no need to prove the victim suffered actual great bodily harm – only that the defendant’s alleged actions created the risk of great bodily harm.

Despite the fact that only 50 percent of alleged strangulation victims have visible injuries and only 15 percent have injuries that can be photographed at the time police respond, officers are often quick to make an arrest on this charge if the accuser makes the allegation. That can mean you’re facing a felony despite very little evidence, but you still need to take the possibility of conviction very seriously because prosecutors aren’t likely to tread lightly. That’s because this act is singled out as a major red flag that domestic abuse has escalated to the point of a potential fatality. Continue reading

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Broward domestic violence cases often arise in the heat of the moment. Often by the next morning, both parties have cooled considerably and clearer heads prevail. It’s at this point the alleged victim may start looking into the possibility of signing a waiver of prosecution. Broward domestic violence defense lawyer

A waiver of prosecution, also sometimes called a declination of prosecution, is a sworn statement that informs the prosecutor, judge, and defense layer that they do not wish to prosecute or “press charges.”

The crux of this statement is basically two-fold:

  • The alleged victim formally states they do not want to press charges or cooperate with prosecutors.
  • The police report statements that were attributed to the alleged victim are either inaccurate or incomplete.

Sometimes, our Broward domestic violence defense lawyers are approached by the alleged victims of our clients to inquire about how they can go about getting the charges dismissed.

A few things we must outline for them at the start: Continue reading

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If you’re arrested for domestic violence in Fort Lauderdale, the very best thing you can do to minimize the impact this will have on your life is to immediately hire a Broward domestic violence defense lawyer. Even if you’re “only” facing misdemeanor assault or battery charges, the classification of this crime as one of domestic violence has a whole host of implications that can result in immediate impact and long-term consequences far outside of the realm of a “typical” crime. When you work with a skilled domestic violence defense attorney right from the start, you’re not only better prepared, you can be proactive – possibly preventing some of the most significant penalties. Broward domestic violence defense lawyer

Domestic violence is defined in F.S. 741.28 as any assault, battery, sexual assault/battery, stalking, kidnapping, false imprisonment, or any other criminal offense that results in the physical injury or death of one family member/household member by another family/household member. These can be married couples, ex-married couples, people related by blood or marriage, people living together as a family, people who previously lived together as a family, and people who share a child together (regardless of whether they ever lived together or were married). Domestic violence charges will not apply to those who are dating, but have no kids and never lived together (though violence between them may still result in criminal charges).

But just because you’ve been arrested doesn’t necessarily mean the case is going to be successfully prosecuted. In fact, as an experienced Broward domestic violence defense lawyer, I can tell you prosecutors often have a tough time proving these accusations beyond a reasonable doubt. But knowing how to successfully challenge their evidence is essential. Some of the ways in which a skilled domestic violence defense attorney can help right from the start: Continue reading

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Recently, Florida prosecutors dropped criminal domestic violence charges against a professional boxer who had been accused of striking his ex-girlfriend in front of their child. Part of what factored into that decision was that the defendant agreed to complete an Anger Management class and both agreed to begin meeting with a counselor to work on peaceful, effective co-parenting strategies. But probably the biggest reason? The victim recanted her testimony and insisted she no longer wanted to proceed with the case. Broward domestic violence lawyer

According to local media reports, the pair were arguing over use of a vehicle when the defendant allegedly hit the woman on the side of her head with a closed hand. She called police twice, at one point telling dispatchers that the defendant had attacked and was going to kill her. He was arrested on misdemeanor charges, and bonded out. A few days later, the woman told investigators he’d never harmed her or their daughter, and said they were both responsible for the fight. She no longer wished to proceed with the case.

This raises the question: How much does a victim’s testimony truly matter in a Broward domestic violence case?

The answer depends on the unique facts of the situation, but a victim’s testimony is typically central to a domestic violence case. However, their cooperation is not. As a Fort Lauderdale domestic violence defense lawyers can explain, an alleged victim is not empowered to unilaterally decide whether to drop a domestic violence case or proceed with it. That’s because even though they are the person wronged, the charges actually refer to a violation of state law. So it’s the state’s case and decision whether to press on – not the victim’s.

Of course, as in most criminal cases, the testimony of a credible victim can be as powerful as any physical evidence. If the story changes or is recanted, their credibility is compromised and the case becomes harder to pursue.

However, Florida domestic violence cases are unique compared to other types of criminal matters. The reason is because it is incredibly common for alleged victims of domestic violence to recant or refuse to cooperate, courts courts have made special evidence exceptions to make it easier for prosecutors to get around the issue and still pursue these “victimless prosecutions.” Perhaps the most commonly-employed workaround is the hearsay exception. Continue reading

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Much of the focus on Florida domestic violence prosecution centers around cases involving adults – co-parents, estranged spouses, dating partners, etc. But as our Broward domestic violence defense lawyers can explain, teens can be involved too.Broward domestic violence lawyer

The U.S. Department of Justice reports 1 in 11 teen girls and 1 in 14 teen boys are victims of physical dating violence every year. This includes both physical dating violence and sexual dating violence. According to the U.S. Office of Justice Programs, targets of domestic violence committed by juveniles were mostly parents (51 percent). About a quarter of cases involved siblings, another 13 percent other family members.

Only about 10 percent of cases involved a boyfriend/girlfriend. But these statistics are likely skewed a bit by semantics. That’s because “domestic violence” as it’s defined in F.S. 741.28 is strictly limited to “family or household members.” So unless the teens are married, divorced, co-parents, currently living together as a family or had previously lived together, acts of violence in that relationship aren’t technically counted as “domestic violence.”

That doesn’t mean juveniles can’t face consequences for dating violence. Among the possible consequences:

  • A criminal charge of assault and battery or aggravated assault and battery.
  • Subject to a civil protection order, which is public record.
  • School expulsion, in accordance with F.S. 10006.148.
  • Removal from home and placement in foster care and/or youth group home.
  • Delinquency proceedings through the Juvenile Delinquency Division of the 17th Judicial Circuit (in Broward County).
  • Required counseling and/or anger management courses.

Although the penalties for Florida juvenile crimes of violence can be quite serious (particularly if the defendant is charged as an adult), the process will probably look a little different than a typical criminal case. Continue reading

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