domestic violence

January 6, 2023

Exploring Mutual Combat Defense in Florida Domestic Violence Cases

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

Questions about the mutual combat defense in Florida domestic violence cases arose recently when video surfaced of UFC President Dana White slapping his wife, Anne, at a night club in Mexico on New Year’s Eve – after she slapped him.

The TMZ video showed the couple in a verbal altercation that turned physical, with Dana pushing Anne’s hand, Anne slapping Dana in the face, and Dana then slapping Anne twice in her face. The two continued to physically struggle with each other until they were separated by third parties. Both released statements after the fact saying nothing like this had ever happened before, they’d both been drinking too much alcohol, and were eager to move on.

Some have called for Dana’s resignation from his prominent public position, while certain media outlets and individual anchors have been criticized for “being soft” or “muted” in their reporting of the incident. But whatever professional consequences there are for what happened, few people are talking about criminal penalties for either spouse. Although domestic violence is illegal in Mexico, it’s unlikely authorities there will issue a warrant and demand extradition of either party here, considering no one was seriously hurt and both parties were aggressive toward each other.

If this same incident had occurred in Florida – and with video evidence, no less – it’s unlikely neither party would walk away with zero consequences. Still, some have asked whether the mutual combat defense may apply.

Florida Law Expressly Discourages Dual Arrests for Domestic Violence

Although both people involved in a Florida domestic violence case can be arrested for the same incident, F.S. 741.29(4)(b) strongly discourages dual arrests (where both parties are arrested for domestic violence). Instead, as our Fort Lauderdale domestic violence defense lawyers can explain, officers who believe two or more persons may have committed a misdemeanor or felony act of domestic violence are urged to identify the primary aggressor. Even if both people hit each other, the officer is supposed to figure out (usually after the fact, based on he-said-she-said statements) who was more at-fault.

Arrest is the preferred response – for the “primary aggressor” only. If the other person “acts in a reasonable manner to protect or defend oneself or another family or household member from domestic violence,” they should not be arrested. Continue reading

January 3, 2019

Consequences When College Football Players are Arrested for Domestic Violence in Florida

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

A local college football player is facing serious consequences – on and off the field – following his Broward County arrest for domestic violence. The 21-year-old running back, a junior at Florida International University, has been investigation since mid-June, when a woman he was dating filed a report with the Broward County s Sheriff’s Office, claiming he’d choked her. The case was disposed of in August.

In an odd twist of events, investigators opened a second investigation into the same incident that same month and issued a warrant for his arrest. Based on a report from CBS Miami, that warrant remained active, even while the student continued to attend major games in front of thousands of fans for almost the full season – 11 games – up until his arrest just before Christmas. As a result of the charges, he was not able to play in the Bahamas Bowl, the biggest game of the season.

It’s not clear exactly why it took authorities six months to serve the warrant and make an arrest, such a delay isn’t unheard of.

Digging deeper, this South Florida domestic violence arrest touches on a few issues our criminal defense lawyers feel deserve a closer look. Continue reading

May 1, 2017

Hollywood Police Target Domestic Violence Offenders

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

City police in Hollywood are taking aim at those previously arrested for domestic violence, vowing beefed up penalties and scrutiny – up to and including unannounced, uninvited police checks on individual residences.

The Miami Herald reports the letter, an effort initiated by the city police department’s Domestic Violence Unit, is a way of stopping domestic violence acts that may occur in the future at the hands of designated “C list” violators. The city says it is simply targeting repeat domestic violence offenders with the intent to halt the cycle of repeat abuse. They call this approach “focused deterrence.”

There are many, though, who have been highly critical of this approach – including the Broward Public Defender’s Office, which called the tactic an abuse of power. Essentially, they say, the police are punishing and/ or harassing people for an offense that hasn’t yet occurred and may not ever occur. Continue reading

March 29, 2017

Intoxication Defense Presented in Broward Domestic Violence Trial

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

The intoxication defense is not one that is often used in criminal cases because it is rather difficult to successfully assert. The crux of it, though, is that a defendant, due to intoxication, did not understand the nature of his or her actions or know what he or she was doing, and therefore had limited culpability.

The defense typically only applies in very limited circumstances, and often depends on whether intoxication was voluntary or not and the level of intent required by statute for the particular charge at issue.

Recently in Broward County, a defense lawyer on a domestic violence case revealed his intent to assert the intoxication defense on behalf of a U.S. Air Force veteran who served overseas and was suffering severe post-traumatic stress disorder, back pain and depression at the time of the alleged incident. Continue reading