Domestic Violence

September 30, 2024

Can a Broward Domestic Violence Charge Be Dropped?

By The Law Offices of Richard Ansara, P.A.

One of the most common questions I get as a criminal defense attorney representing clients against Broward domestic violence allegations is, “Can the charges be dropped? What if the victim no longer wants to press charges?”

While it might seem straightforward that a case should be dropped if the alleged victim changes their mind, the reality is far more complex. In Florida, domestic violence cases are treated seriously, and decisions to prosecute are ultimately made by the state — not the alleged victim.

While this is technically true in pretty much all criminal cases, prosecutorial discretion in domestic violence cases very often errs on the side of moving forward with the case even when it’s against the alleged victim’s wishes. That’s because it’s coercion and manipulation are well-known patterns in domestic violence cases. It’s true that the state’s case may be weaker if the victim won’t cooperate, but that doesn’t mean they can’t still win.

Can Domestic Violence Charges Be Dropped?

In Florida, domestic violence charges are brought by the state. That means that once an arrest is made, the case is in the hands of the prosecutor. The alleged victim’s wishes are taken into consideration, but they do not have the power to “drop” the charges themselves. Even if the alleged victim no longer wants to pursue the case, the state attorney’s office may still choose to move forward with prosecution.

Prosecutorial Discretion

Florida operates under what is known as prosecutorial discretion. This means that after reviewing the evidence, the prosecutor decides whether or not to continue pursuing charges.

Domestic violence cases, in particular, are treated with caution due to concerns about the safety of the alleged victim and the possibility of coercion. Prosecutors are trained to recognize situations where an alleged victim might feel pressured to recant their story or withdraw their desire to prosecute.

The State of Florida has a vested interest in preventing domestic violence and protecting victims, so even if the alleged victim refuses to testify or wants to drop the case, the prosecutor may proceed.

The prosecution can rely on other forms of evidence, such as: Continue reading

September 7, 2024

Understanding Florida Domestic Violence Laws: What Every Fort Lauderdale Defendant Should Know

By The Law Offices of Richard Ansara, P.A.

As a Fort Lauderdale criminal defense attorney, I’ve represented many individuals facing domestic violence charges. I understand the serious legal consequences that these charges can bring. If you or someone you know has been accused of domestic violence in Fort Lauderdale, it’s critical to understand the legal framework surrounding these cases.

Florida’s domestic violence laws are designed to protect victims — also provide avenues for a robust defense if you are wrongfully accused or if the circumstances are not as clear-cut as they may initially seem.

Here’s what every defendant should know about domestic violence laws in Florida and how a skilled Fort Lauderdale criminal defense attorney can help navigate these complex cases.

What Constitutes Domestic Violence in Florida?

Under Florida law, domestic violence is defined as any assault, battery, stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death of one family or household member by another family or household member. This broad definition covers a wide range of actions that can be considered domestic violence, including:

Physical Assault: Hitting, pushing, slapping, or otherwise physically harming a partner, spouse, or family member.
Threats of Violence: Threatening harm, even if no physical contact occurs.
Stalking or Harassment: Repeatedly following or contacting someone in a way that causes fear or distress.
Kidnapping or False Imprisonment: Restricting someone’s freedom to leave a location or situation.

Domestic violence laws in Florida also apply to people who share or have shared a dwelling as a family, including spouses, former spouses, co-parents, and individuals who are or were in a dating relationship. This broad scope means that even disputes between people who aren’t married but live together or have a child together can lead to domestic violence charges.

Penalties for Domestic Violence in Florida

August 22, 2024

Digital Forensics in Fort Lauderdale Domestic Violence Cases

By The Law Offices of Richard Ansara, P.A.

In today’s digital age, technology plays a significant role in legal proceedings, including domestic violence cases. Digital forensics is the process of uncovering and interpreting electronic data. It’s become crucial to evidence-gathering in Florida criminal cases.

As a Fort Lauderdale domestic violence lawyers, we recognize it’s important for defendants to recognize how digital forensics can impact their case. We also know DV cases in particular tend to deal with a lot of sensitive information. Florida sunshine laws mean that your case is a matter of public record. That said, we’re diligent in helping clients protect their privacy in these matters as much as possible.

The Role of Digital Forensics in Domestic Violence Cases

Digital forensics is the fancy term we use to describe collecting, preserving, analyzing and presenting digital evidence from varying electronic devices and online platforms. In domestic violence cases, this evidence may include:

Text messages and emails (communications scrutinized for evidence of harassment, abusive language or threats).
Social media posts (comments, posts, photos, messages that may provide insight into relationship dynamics or provide proof of alleged instances of abuse or threats).
Phone records and call logs (establish patterns of communication and corroborate or refute claims made by either party).
GPS data (location to verify a person’s location, presence/absence at certain places and times, etc.).
Audio and video recordings (capture alleged incidents or alleged abuse or interactions between parties).

Courts can subpoena this information, of course, but you don’t have to make it easy for prosecutors to build a case against you. Do your best to secure your devices and accounts with strong passwords. Regularly update your privacy settings. Backup sensitive data and use encrypted communication channels. Your communications could still end up in court, but these measures could potentially lessen that likelihood.

When Digital Evidence is Used Against You in a Broward DV Case

August 8, 2024

Character Witnesses Key in Broward Domestic Violence Cases

By The Law Offices of Richard Ansara, P.A.

Character witnesses can play a pivotal role in domestic violence trials, offering testimony that speaks to the defendant’s moral character, behavior and reputation in the community. As our Broward domestic violence defense lawyers can explain, these insights serve to provide the court with a broader perspective of who the defendant is beyond the charges they face.

It humanizes them. They aren’t just a case number or one of the hundreds of other defendants they’ve seen that month. Especially when the case relies heavily on he-said-she-said evidence, bringing in other perspectives of the defendant’s character can potentially mitigate the penalties he or she is facing.

Character witnesses won’t necessarily be brought into every domestic violence case. But it can be part of a smart criminal defense strategy, even if it only slightly softens the court’s perception of the defendant.

Character Witness Role

Character witnesses are brought in to testify about a person’s personality, behavior and overall character. Their testimony serves to refute the prosecution’s portrayal of the defense as a perpetrator of domestic violence, suggesting instead that the alleged behavior was out-of-character for the defendant. This sort of context spotlights the defendant’s positive attributes, bolstering their credibility and potentially even casting doubt in the minds of the judge or jury.

Character witnesses are most commonly: Continue reading

August 2, 2024

Verifying Fort Lauderdale Domestic Violence Restraining Orders Will Soon Get Easier

By The Law Offices of Richard Ansara, P.A.

A new Florida statute going into effect Oct. 1, 2024 will make it easier for law enforcement officers to verify whether you’re in violation of a Fort Lauderdale domestic violence restraining order.

The new law allows recipients of Florida protection orders to carry a single, wallet-sized card, called “Hope Cards,” to prove the valid status of an active restraining order.

As our Broward criminal defense lawyers can explain, those who secure a domestic violence protection order in Florida are generally expected to carry a physical copy of that order around at all times in order to quickly demonstrate to law enforcement that validity of the order. Otherwise, the police have to spend some time combing through the system to find and verify it. The problem with this, according to many victims’ advocates, is that those orders can easily be 9-10 pages long. They aren’t convenient to tuck into a purse or pocket.

Having an electronic copy is better than nothing, but they don’t have the benefit of a seal of the clerk of the court. Police can’t make an arrest for violating an order until they first verify that the order exists and is current.

Enter the Hope Cards.

What Hope Cards Will Mean in Florida Protection Order Violation Cases

They’re wallet-sized cards that are issued by the Clerk of Courts. More durable and convenient than keeping the whole order on hand.

Florida isn’t the first state to do this. Montana was the first. Half a dozen others followed. The cards cost about $40 each, but the state has received $705,000+ in funding to get it started. Grants and private donations may cover the rest.

As far as what this means for defendants accused of violating a domestic violence restraining order in Fort Lauderdale: Probably not much. Having that card on hand could result in faster turnaround on arrests. It could maybe result in more arrests and convictions if that faster turnaround means officers are able to follow up sooner and, in doing so, preserve certain evidence of relevance that they may not have otherwise. But that’s a lot of “ifs.”

Penalties for Violation of Fort Lauderdale Restraining Order

July 9, 2024

Fort Lauderdale Domestic Violence Attorney Details Most Effective Defenses

By The Law Offices of Richard Ansara, P.A.

Fort Lauderdale domestic violence arrests are among the more common Broward County criminal offenses.

In a single recent year, there were more than 5,600 reported allegations of domestic violence in Broward – with 450 each from Fort Lauderdale and Hollywood Police Departments, according to FDLE.

But an allegation doesn’t equal an automatic arrest, and nor does an arrest equal an automatic conviction. You must take the charge seriously, of course, but the proof burden is on prosecutors — and domestic violence cases are notoriously tough to prosecute, particularly when the defendant has a good attorney. There are several strategies that can be employed by a highly-skilled Fort Lauderdale domestic violence attorney which have proven extremely effective in minimizing the fallout this will have to your life.

It Starts With Fact-Finding

To determine which strategy will be most effective, a Fort Lauderdale criminal defense lawyer is likely going to want to know more about:

Did the alleged victim have any wounds? If so, what was the nature of those wounds? Were they old or new? Were they examined by a medical doctor – and when?
Did you make any incriminating statements – to witnesses, to police, in jail, etc.? (We always urge clients as much as possible to ZIP IT – before, during, and after arrest. Defendants almost never explain their own way out of a jam. Let your attorney do the talking.)
Was there a 911 recording? Surveillance footage? Cell phone recordings? If so, to what extent does it undermine your case?
What was the condition of the scene when police arrived? Any evidence of a violent episode?
What was the emotional state of both parties when police arrived? Did either party appear intoxicated?
Does the accused have any history of violence, either toward the accuser or others?
What were the officer’s observations? Which version of events does it seem to support?

Once we have all this information, we’ll explore which domestic violence defense strategy makes the most sense for your Broward domestic violence charges.

Fort Lauderdale Domestic Violence Defense Strategies

June 6, 2024

When is Fort Lauderdale Domestic Violence a Felony? Broward Defense Lawyer Explains.

By The Law Offices of Richard Ansara, P.A.

When it comes to Fort Lauderdale domestic violence offenses, there is not a single charge that encompasses all. Domestic violence incidents are not a monolith. Neither are the potential criminal charges they carry. As a longtime Broward domestic violence defense lawyer, I can explain in a bit more detail the different types of Florida domestic violence charges, and when they cross the line from misdemeanor into felony territory.

Difference Between a Misdemeanor and a Felony

Felonies and misdemeanors are two classifications of crimes that differ in severity, procedure, and punishment.

In general, misdemeanors are less serious (but that doesn’t mean they aren’t serious or worth the investment of a vigorous defense). It carries a maximum incarceration of one year, to be served at a city or county jail. You may have heard that you are entitled to a defense lawyer if you cannot afford one, but that is not true in Florida unless you are facing the possibility of incarceration. But jail time isn’t the only penalty that matters – particularly when we’re talking about a domestic violence conviction. You could lose your right to own a firearm, be excluded from certain employment and housing opportunities, and have the permanent stain of a violent crime on your record.

Felony offenses are considered more serious. They involve the potential for more than one year of incarceration, to be served at a state prison. That doesn’t mean you absolutely will be sentenced to a year or more, but the possibility is there, particularly with crimes of violence. Additionally, felony convictions may permanently bar you from ever owning a gun, voting, job and housing opportunities, some federal assistance programs, and more.

If the offense, misdemeanor or felony, involved an element of sexual violence, those convicted may have post-incarceration and post-probation/parole requirements, such as registering their residence with the government – information that will be available to the public.

Understanding Domestic Violence Laws

May 6, 2024

Fort Lauderdale Defense Lawyer Explains Why You Should Contest a Domestic Violence Injunction

By The Law Offices of Richard Ansara, P.A.

If you are arrested for domestic violence in Fort Lauderdale, you may also soon be served with a domestic violence injunction. We understand that you may not want anything to do with that person anymore anyway. You’ll gladly stay away – so why bother fighting back?

If you are the subject/respondent in that case, allowing an injunction to go unchallenged can have substantial consequences in your life. A few things to consider:

If a domestic violence injunction request is not contested, it will probably be granted.
Your movements will be restricted. You may be prohibited from being in certain places at certain times – and even accidental mistakes can have serious penalties.
A permanent domestic violence injunction will almost certainly have an impact on child custody. Even if you don’t lose parenting time rights, arrangements for pick ups and drop offs will inevitably be more complicated.
A domestic violence injunction will become part of the permanent record. Even though the proof burden is less for an injunction than it is a criminal conviction, it will stay on your permanent record all the same – will all the adverse affects that carries. It will impact your reputation, your financial situation, your relationships, your freedom, and your future. It could have negative implications in job searches, rental/housing agreements, and future romantic partners.

So as our Fort Lauderdale domestic violence defense lawyers can explain, not staying in contact with your accuser may be a great idea. But not fighting back against a domestic violence injunction is a bad one.

Types of Domestic Violence Injunctions

Domestic violence injunctions can be civil or criminal. As our Fort Lauderdale domestic violence defense lawyers can explain, F.S. 741.30 notes that domestic violence injunctions can be issued incidental to a criminal case or a person can request one even if no arrest as been made. Continue reading

April 12, 2024

Police in Florida Domestic Violence Cases Must Now Ask These 12 Questions

By The Law Offices of Richard Ansara, P.A.

A new rule for Florida domestic violence investigations requires police responding to such calls to ask a dozen mandatory questions.

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:

Has the other person ever used a weapon against you or threatened you with a weapon?
Has he/she/they ever threatened to kill you or your kids?
Do you believe he/she/they will try to kill you?
Has the other person ever choked you or attempted to choke you?
Does he/she/they have a gun or could they easily get one?
Is the other person violently or constantly jealous? Or do they control most of your daily activities?
Did you leave or separate after living together or being married?
Is the other person unemployed?
To the best of your knowledge, do you know if the other person has ever tried to kill themselves?
Do you have a child the other person believes is not his/her/their biological child?
Have they ever followed you? Spied on you? Left threatening messages for you?
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

March 20, 2024

“How Much Jail Time Will I Get for Domestic Violence in Florida?”

By The Law Offices of Richard Ansara, P.A.

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

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