December 29, 2025

Challenging the Credibility of the Accuser in a Broward Domestic Violence Case

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

Facing a Broward domestic violence arrest is one of the most stressful and consequential situations a person can encounter. The allegations alone can upend your life, threatening your freedom, your reputation, your career, and your relationships with your children. In many cases, the accusations are the primary evidence against you. When the credibility of the accuser becomes central to your defense, you need a criminal defense attorney who understands not just the law, but the delicate balance required to challenge testimony while maintaining the respect and sensitivity these cases demand.

At The Ansara Law Firm, we recognize that domestic violence allegations in Broward County require a defense strategy that is both aggressive and tactful. Our approach combines comprehensive legal knowledge with a deep understanding of local court procedures, and perhaps most importantly, the ability to navigate the emotional and evidentiary complexities that define these cases.

Understanding Domestic Violence Charges in Florida

Florida takes domestic violence seriously, and the legal consequences reflect that commitment. Under Florida Statute § 741.28, domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another.

The term “family or household member” includes:

Spouses or former spouses
Persons related by blood or marriage
Persons who are presently residing together or who have resided together in the past
Persons who are parents of a child in common (regardless of whether they have been married or lived together)

Even a misdemeanor domestic battery charge under Florida Statute § 784.03 carries serious consequences:

Up to one year in jail
Up to one year of probation
Up to $1,000 in fines
Mandatory completion of a Batterer’s Intervention Program (26 weeks minimum)
Permanent criminal record
Loss of firearm rights
Immigration consequences for non-citizens

Felony domestic violence charges carry even harsher penalties, including years in state prison, substantial fines, and lifelong collateral consequences.

The Challenge: When the Accuser’s Statement Is the Primary Evidence

In many domestic violence cases, the prosecution’s case rests heavily—sometimes entirely—on the alleged victim’s testimony. Unlike other criminal cases where physical evidence, surveillance footage, or independent witnesses may be abundant, domestic violence incidents often occur in private settings. This means that the credibility of the accuser becomes the linchpin of the prosecution’s case.

The High Stakes of Credibility

September 28, 2022

Florida Court Weighs Domestic Violence Battery by Strangulation Case

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

In Florida, domestic violence battery by strangulation is codified in F.S. 784.041. It’s a very serious felony charge, with those convicted facing years in prison, thousands in fines, and extensive probationary requirements.

Recently, Florida’s 4th District Court of Appeal considered a case of domestic violence battery by strangulation. The defendant argued state prosecutors erred in denying his motion for acquittal because the state failed to prove that he impeded the victim’s normal breathing and created a risk of great bodily harm with application of pressure to the victim’s throat.

The appellate court rejected this argument in Dennis v. Florida, and thus affirmed the trial court’s guilty verdict.

To understand what goes into a decision like this, we must first look at the statute to know exactly how Florida defines domestic violence battery by strangulation.

As our Fort Lauderdale domestic violence defense lawyers can explain, to secure a conviction on this charge, prosecutors must prove all of the following:

A person knowingly, intentionally, and against the while of another impedes the other person’s normal breathing or circulation of blood.
This act created a risk of or caused great bodily harm by applying pressure to the throat or neck of the other person OR by blocking the mouth or nose of the other person.
The alleged victim in the case was a family or household member of the defendant, as defined in F.S. 741.28(3), or was involved in a dating relationship, defined as a significant relationship of a romantic or intimate nature.

This crime in Florida is a third-degree felony, meaning it carries a maximum five years in prison, five years probation, and $5,000 fine.

In this case, the pair were boyfriend-girlfriend and they began fighting after the girlfriend shared a dream she’d had the night before in which she cheated on him. This led to an on-off, weekend-long spat between the two. Continue reading

August 15, 2022

New U.S. Gun Law Targets “Boyfriend Loophole,” Impacting Florida Domestic Violence Convicts

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

A Florida domestic violence conviction can carry many substantial, long-lasting consequences – not the least of which being restrictions on the Second Amendment right to bear arms. This is why it’s so important to work with an experienced Fort Lauderdale criminal defense lawyer from the very start of your case. Even if the evidence seems stacked against you, we may be able to deploy legal strategies that could reduce the charges or lessen the impact.

The high stakes of these cases were recently underscored in the Congressional action to close the so-called “boyfriend loophole” in gun legislation.

Federal law prohibits anyone convicted of domestic violence in Florida or in any other state from possessing guns. However, that provision was only applicable to individuals who were married to, lived with, or had a child in common with the alleged victim. People who were merely dating (not married, living together, or raising a child together) were not subject to this federal provision.

The new bipartisan gun law changes this, closing the “boyfriend loophole.” Proponents of the measure say this was necessary, given that people spend much more time dating now than they did in the past, carrying on romantic relationships for years or even decades without officially tying the knot.

Additionally, the new federal law allows for expanded background checks on young adults purchasing firearms and gives authorities the power to access certain juvenile criminal records. Lastly, the law allows states to use federal funding to enact and enforce “red flag laws” that give authorities the right to remove guns from anyone they suspect may be a harm to themselves or others. This could potentially be someone accused of domestic violence in Florida.

As it stands, 31 states have some rule on the books barring those convicted of domestic violence from possessing guns. Of those, 19 do cover dating partners convicted of domestic violence. Florida does not have any such provision in its laws, so the new federal law will have a direct impact. Those with misdemeanor convictions who have stayed out of trouble for five years may be able to have their gun rights restored. However, there are exceptions for spouses, parents, guardians or co-habitants – all of whom may still face lifetime firearm restrictions.

Florida Domestic Violence Penalties