Fort Lauderdale Criminal Attorney Blog
An important but often overlooked element in criminal domestic violence cases is the role of mental health evaluations. As an experienced Fort Lauderdale criminal defense attorney, we understand that these cases rarely present in black and white terms. The psychological states of both the accused and the accuser can significantly impact the nature of allegations, the circumstances surrounding an incident, and ultimately, the legal outcome of a case.
Mental health evaluations can serve as powerful tools in developing effective defense strategies for domestic violence cases in Florida.
Understanding Florida’s Domestic Violence Laws
Florida Statute § 741.28 defines domestic violence 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 family or household member.”
The statute covers incidents between family or household members who currently reside together or have previously resided together, including spouses, former spouses, persons related by blood or marriage, persons who have a child in common, and individuals who are or have been in a dating relationship.
Common Penalties for Domestic Violence in Broward County
Domestic violence charges in Florida typically result in:
- Mandatory minimum 5-day jail sentence (F.S. § 741.283)
- 26-week Batterer’s Intervention Program (F.S. § 741.281)
- No contact orders and possible permanent injunctions
- Firearm possession prohibitions
- Long-term consequences for employment, housing, and custody arrangements
Additional penalties – and potentially felony charges – are possible, depending on the circumstances. This is particularly true if:
- The victim was seriously hurt.
- There is a history of domestic violence.
- The accused violated an active no contact order.
The Role of Mental Health in Domestic Violence Cases
For the Accused: Mental Health as Context
Mental health conditions don’t excuse domestic violence. However, they can provide critical context that might affect criminal culpability or appropriate sentencing. Common relevant conditions include:
- Post-Traumatic Stress Disorder (PTSD). Particularly prevalent among veterans or those with traumatic backgrounds, PTSD can manifest as hypervigilance, exaggerated startle responses, and emotional regulation difficulties.
- Substance Use Disorders. According to the National Coalition Against Domestic Violence, substance abuse factors into 40-60 percent of domestic violence incidents. While intoxication isn’t a legal defense, it may affect the defendant’s intent element required for certain charges.
- Impulse Control Disorders. Conditions affecting impulse regulation can be relevant factors in understanding behavioral patterns.
- Major Depression and Bipolar Disorder. Mood disorders can significantly impact judgment, perception, and behavior.
- Personality Disorders. Certain personality disorders may contribute to relationship dynamics that escalate to allegations of abuse.
Under Florida Statute § 921.0026(2)(d), a defendant’s mental disorder can serve as a mitigating factor during sentencing if it “significantly reduced the defendant’s capacity to appreciate the criminality of conduct or to conform that conduct to the requirements of law.”
For the Accuser: Evaluating Allegations in Context
Mental health evaluations can also be relevant when assessing the credibility and context of allegations:
- Memory and Perception. Certain psychological conditions can affect how events are perceived, interpreted, and recalled.
- False Allegations. While relatively rare, mental health issues might contribute to false or exaggerated allegations in some cases.
- Prior Trauma History. An accuser’s trauma history might influence their interpretation of events or interactions.
- Co-occurring Conditions. Substance abuse or certain personality disorders might impact reliability or consistency of statements.
