Fort Lauderdale domestic violence lawyer

September 13, 2025

Can Self-Defense Be Used in a Florida Domestic Violence Case?

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

When emotions run high in domestic disputes, situations can escalate quickly from verbal arguments to physical confrontations. If you’ve been arrested for domestic violence in Florida after defending yourself from an attack by a partner or family member, you may be wondering whether self-defense can be used as a legal defense in your case. The answer is nuanced, but yes—self-defense can potentially be used in Florida domestic violence cases under specific circumstances.

Understanding Florida’s Self-Defense Laws

Florida’s self-defense statutes are among the most comprehensive in the nation, including the well-known “Stand Your Ground” law. The primary law governing self-defense in Florida is F.S. § 776.012, which establishes when a person is justified in using force to protect themselves or others.

Under this statute, a person is justified in using or threatening to use non-deadly force if they reasonably believe such force is necessary to defend themselves against another person’s imminent use of unlawful force. For deadly force, the standard is higher—it must be reasonably believed to be necessary to prevent imminent death or great bodily harm.

The Unique Challenges of Self-Defense in Domestic Violence Cases

While self-defense is a recognized legal principle in Florida, asserting this defense in domestic violence cases presents unique challenges that defendants and their attorneys must carefully navigate.

The “He Said, She Said” Problem

Domestic violence incidents typically occur in private settings without independent witnesses. This creates what legal professionals often refer to as a “he said, she said” situation. Law enforcement officers arriving at the scene must make quick determinations based on limited information, often relying on visible injuries, the demeanor of the parties involved, and statements made at the scene.

Unfortunately, these initial assessments don’t always capture the full picture of what transpired. The person who initiated the violence may not show visible injuries, while the person who defended themselves may have caused more apparent harm in their efforts to protect themselves.

Societal and Legal Bias

Florida courts and law enforcement are rightfully sympathetic to victims of domestic violence, particularly given the serious nature of domestic abuse and its prevalence in our society. However, this sympathy can sometimes create an environment where self-defense claims are viewed with skepticism, especially when they come from defendants who caused visible injury to their alleged victims.

The Burden of Proof

The key to this defense, however, is being able to provide evidence of the imminent threat to prove that your actions were justified. This is particularly challenging in domestic violence cases where evidence may be limited and emotions are high.

Essential Elements of a Self-Defense Claim

To successfully assert self-defense in a Florida domestic violence case, several critical elements must be established:

1. Imminent Threat of Harm

The threat must be immediate and real, not speculative or based on future harm. You cannot claim self-defense against a threat that might materialize later or in response to verbal threats alone, unless those threats are accompanied by actions that create a reasonable fear of imminent physical harm.

2. Reasonable Belief of Necessity

Your belief that force was necessary to protect yourself must be reasonable under the circumstances. This is evaluated from the perspective of a reasonable person in your situation, considering factors such as the size and strength of the parties involved, any weapons present, and the history of violence in the relationship.

3. Proportional Response

The force used in self-defense must be proportional to the threat faced. You cannot use deadly force in response to a minor threat of non-deadly force. The response must be reasonable given the nature and severity of the threat.

4. No Provocation

Under Section 776.041, Florida Statutes, self-defense is not available where the defendant initially provoked the violence. If you started the physical confrontation or provoked the violence through your actions, claiming self-defense becomes much more difficult, though not impossible under certain circumstances.

Florida Statute § 776.041: When Self-Defense Is Limited

It’s crucial to understand that Florida Statute § 776.041 limits the availability of self-defense claims when the defendant provoked the violence. However, even if you initially provoked the confrontation, you may still be able to claim self-defense if: Continue reading

August 27, 2025

Florida Domestic Violence Beyond Intimate Partners

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

If you’re facing domestic violence charges in Fort Lauderdale involving a roommate, family member, or other household member who isn’t your intimate partner, you’re likely feeling confused and overwhelmed. Many people assume domestic violence laws only apply to spouses, boyfriends, or girlfriends, but Florida’s statutes cast a much wider net. Understanding how these charges work—and how they differ from typical domestic violence cases—is crucial for protecting your rights and your future.

Florida’s Expansive Definition of Domestic Violence

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 family or household member.”

The key phrase here is “family or household member,” which Florida law defines much more broadly than many people realize. According to Florida Statute 741.28(3), this includes:

Spouses, former spouses, and persons related by blood or marriage
Persons who are presently residing together as if a family or who have resided together in the past as if a family
Persons who are parents of a child in common regardless of whether they have been married or have resided together at any time
Persons who have resided together as a family unit, even if not related by blood or marriage

This last category is where many people find themselves unexpectedly caught up in domestic violence charges involving roommates, long-term houseguests, or other non-romantic cohabitants.

How Roommate and Family Member Cases Arise

The Roommate Scenario

Living with roommates, whether friends, acquaintances, or strangers, can create unique tensions. When disagreements escalate—over bills, cleanliness, noise, guests, or any number of household issues—what might normally be considered a simple battery or assault can become a domestic violence charge — but only if certain conditions are met.

For roommates to fall under Florida’s domestic violence statute, they must have “resided together as a family unit.” This doesn’t require a romantic relationship or blood relation. Courts look at factors such as:

Duration of cohabitation: How long have you lived together?
Shared responsibilities: Do you split household duties, bills, or expenses?
Interdependence: Do you rely on each other for transportation, childcare, or other needs?
Presentation to others: Do you present yourselves as a household unit to neighbors, landlords, or others?

Extended Family Situations

These charges also commonly arise in multigenerational households where adult children live with parents, or when extended family members share a home. The stress of multiple adults with different lifestyles, schedules, and expectations living under one roof can sometimes lead to conflicts that escalate into physical confrontations.

The Emotional Complexity

What makes these cases particularly challenging is the ongoing relationship dynamic. Unlike stranger-on-stranger violence, these situations involve people who must continue living together or seeing each other regularly. The alleged victim may feel pressure to minimize the incident or may have mixed feelings about pursuing charges, while the accused often feels betrayed by someone they trusted.

How These Cases Differ from Typical Domestic Violence Cases

Relationship Dynamics

Traditional domestic violence cases typically involve intimate partners with complex emotional histories, potential financial dependence, and often patterns of control or abuse. The relationship itself is central to understanding the alleged crime.

Roommate/family member cases often stem from practical disputes rather than relationship control issues. The underlying conflict might be about household responsibilities, personal space, or lifestyle differences rather than power and control within an intimate relationship.

Evidence and Witness Challenges

In roommate situations, there are often more potential witnesses since multiple people may live in the home. However, these witnesses may be reluctant to get involved in what they see as a “roommate dispute” rather than serious criminal conduct.

The physical evidence may also be different. While intimate partner violence often occurs in private spaces, roommate conflicts might happen in common areas where evidence is more readily apparent to others.

Prosecution Approach

June 15, 2025

The Role of 911 Calls in Fort Lauderdale Domestic Violence Cases: What You Need to Know

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

When domestic violence charges are filed in Fort Lauderdale, you may be concerned about one piece of evidence in particular: the 911 call. These recorded conversations can be pivotal in shaping how prosecutors and defense attorneys approach a case, yet many defendants don’t fully understand how this evidence works or what it means for their defense strategy.

How 911 Calls Function as Evidence in Florida Domestic Violence Cases

In Florida’s criminal justice system, 911 recordings serve as contemporaneous evidence—capturing statements and emotions in real-time as events unfold. These calls typically contain several key elements that courts examine closely:

The caller’s emotional state is often immediately apparent through voice inflection, crying, shouting, or panic. Prosecutors frequently use this emotional distress to demonstrate the severity of an alleged incident and the victim’s state of mind.

Background sounds can be equally telling. Courts may hear shouting, arguing, physical altercations, or other contextual audio that either supports or contradicts the caller’s account of events.

Spontaneous statements made during the heat of the moment are generally considered more reliable than prepared testimony, making these recordings particularly powerful evidence under Florida’s evidence rules.

The Double-Edged Nature of 911 Evidence

What makes 911 calls particularly complex in domestic violence cases is their ability to cut both ways. While prosecutors may sometimes rely on these recordings to help establish their case, defense attorneys can use the same evidence to raise reasonable doubt.

When 911 calls help the prosecution:

Clear statements describing violence or threats
Emotional distress that suggests genuine fear
Background evidence of ongoing altercations
Requests for immediate medical attention

When 911 calls benefit the defense:

Inconsistencies between the call and later testimony
Exaggerated claims that don’t match physical evidence
Evidence of the caller’s impairment or emotional instability
Admissions that contradict the prosecution’s theory

Consider a case where a caller reports being “beaten up” but medical records show only minor scratches. Or when someone claims to fear for their life but the 911 recording reveals them yelling aggressively in the background. These inconsistencies can become powerful tools for the defense.

Why 911 Calls Rarely Make or Break a Case

Despite their dramatic impact, 911 recordings are just one piece of a much larger evidentiary puzzle. Florida courts require prosecutors to prove domestic violence charges beyond a reasonable doubt using the totality of evidence available.

The limitation of audio evidence is that it captures only a snapshot of events. As a Fort Lauderdale criminal defense lawyer can explain, there’s no visual context, important details may be missing or misinterpreted. A person might sound panicked due to fear, intoxication, mental health issues, or even anger rather than victimization.

Timing can be misleading as well. What sounds like an immediate response to violence might actually be a reaction to an argument that occurred hours earlier, or the culmination of mutual combat rather than one-sided aggression.

Other Critical Evidence That Shapes Domestic Violence Cases

Fort Lauderdale domestic violence cases typically involve multiple types of evidence that can have substantial impact on the outcome:

Medical records and photographs provide objective documentation of injuries—or the lack thereof. When 911 calls describe severe violence but medical evidence shows minimal injury, this creates reasonable doubt about the severity or nature of the alleged incident.
Text messages and social media communications often reveal the ongoing dynamics between parties. These digital records can show patterns of behavior, threats, reconciliation attempts, or evidence that contradicts official statements.
Witness testimony from neighbors, family members, or responding officers can either corroborate or undermine the 911 caller’s account. Sometimes witnesses provide crucial context that the audio recording cannot capture.
Physical evidence from the scene—broken items, damaged property, or the defendant’s injuries—helps reconstruct what actually occurred versus what was reported.
Police body camera footage has become increasingly important, capturing the immediate aftermath of incidents and the demeanor of all parties involved.
Prior incidents or patterns may be introduced to establish context, though Florida’s evidence rules carefully limit when and how this information can be used.

The Complexity of Domestic Violence Defense

Domestic violence cases in Fort Lauderdale involve unique legal challenges that extend far beyond typical criminal defense work. These cases often intertwine with family court proceedings, immigration issues, professional licensing concerns, and long-term relationship dynamics.

The intersection with injunctions means that criminal charges often run parallel to civil protection order proceedings. Evidence from 911 calls can impact both cases simultaneously, requiring careful coordination of defense strategies.
Victim cooperation issues frequently arise when alleged victims don’t want to prosecute, change their stories, or seek to reconcile. However, prosecutors can often proceed with cases even without victim cooperation, using 911 recordings as primary evidence.
Enhanced penalties under Florida law mean that domestic violence convictions carry serious consequences including mandatory counseling, potential firearm restrictions, and enhanced sentences for repeat offenses.

Why Specialized Experience Matters

The stakes in domestic violence cases extend far beyond potential jail time. Convictions can affect employment opportunities, professional licenses, child custody arrangements, immigration status, and fundamental rights like firearm ownership.

Understanding the prosecution’s approach is crucial because state attorneys in Broward County often have specialized domestic violence units with specific protocols and strategies. An experienced domestic violence defense attorney knows how these prosecutors think and can anticipate their moves.
Technical expertise with evidence becomes essential when challenging 911 recordings. Issues like audio quality, chain of custody, proper foundation, and hearsay exceptions require specific knowledge of evidence law as applied to domestic violence cases.
Negotiation skills in this context differ significantly from other criminal matters. Prosecutors may be willing to consider alternative resolutions like pre-trial diversion or reduced charges, but only when presented with compelling mitigation or strong challenges to their evidence.
Trial experience specific to domestic violence matters provides insight into how Broward County juries respond to different types of evidence and arguments. What works in a drug case may backfire completely in a domestic violence trial.

Moving Forward with Your Defense

March 10, 2025

Common Misconceptions About Fort Lauderdale Domestic Violence Cases

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

Domestic violence charges in Fort Lauderdale can have life-altering consequences — but many of our clients walk through the doors burdened with myths and misunderstandings of how these cases work under Florida law. Separating fact from fiction is essential when navigating the criminal justice system.

Hiring an experienced criminal defense lawyer is crucial to protecting your future, but it’s also important to become informed about some of the most common misconceptions about domestic violence cases.

Misconception #1: Domestic Violence Charges Can Be Dropped by the Alleged Victim

One of the most widespread misunderstandings in domestic violence cases is that the alleged victim can simply “drop the charges.” In Florida, the reality is that once an arrest is made for domestic violence, the case becomes the responsibility of the State Attorney’s Office, not the alleged victim. Even if the accuser wants the case dismissed, the prosecutor can – and often does – pursue charges regardless.

Under Florida Statute 741.28, domestic violence includes assault, battery, sexual assault, stalking, kidnapping, or any criminal offense resulting in physical injury or death to a family or household member. Once law enforcement determines there is probable cause, an arrest is typically mandatory. The state may use evidence such as 911 recordings, witness statements, medical reports, or photographs, even if the accuser is unwilling to testify.

Misconception #2: A First-Time Offense Isn’t a Big Deal

Many people underestimate the seriousness of a first-time domestic violence charge. Florida law imposes strict penalties even for first-time offenders. A misdemeanor domestic battery conviction under Florida Statute 784.03 can carry up to one year in jail, a year of probation, mandatory completion of a 26-week Batterer’s Intervention Program (BIP), and fines.

More importantly, a domestic violence conviction cannot be sealed or expunged—even if it is your first offense. A permanent criminal record can affect employment, housing, custody rights, and immigration status. In some cases, a no-contact order will be issued, forcing you to leave your home or stay away from your children.

Misconception #3: If There Was No Injury, It’s Not Domestic Violence

Another misconception is that physical injury must occur for a charge to qualify as domestic violence. In reality, even minimal contact—or the threat of it—can result in charges. Florida law intentionally defines domestic violence broadly. For example, pushing, grabbing, or throwing an object (even if it misses) may constitute battery or assault.

In State v. Hearns, the Florida Supreme Court in 2007 reaffirmed that acts of violence do not need to result in physical harm to be prosecutable under domestic violence statutes. What matters is the intent and context of the act—not the severity of the injury.

Misconception #4: A Conviction Is Guaranteed if the Police Made an Arrest

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

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

June 28, 2023

How Much Does Victim Testimony Matter in a Broward Domestic Violence Case?

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

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.

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

December 5, 2022

Fighting to Dissolve a Florida Domestic Violence Injunction – Even Decades Later

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

A Florida domestic violence injunction has the potential to significantly impact the respondent for years to come. An injunction will show up on background checks, impacting your ability to obtain certain types of employment, travel freedoms, clearance for certain government jobs, and your right to own a firearm and ammunition. Any violations are considered criminal and can result in arrest and prosecution.

Once you have a permanent domestic violence injunction against you, it can last indefinitely – removable only if you petition the court and successfully prove a material change in circumstances that removes the claimant’s previously reasonable continuing fear of becoming a victim of domestic violence. Filing a motion with the court asking for dissolution of a Florida domestic violence injunction is best done with the assistance of an experienced domestic violence defense attorney.

As illustrated in the recent case of Bak v. Bak before Florida’s Fourth District Court of Appeals, fighting for dissolution of a domestic violence injunction can take years – decades, even. But the fact that it’s still worth it to do so even after all those years just goes to further underscore the importance of putting up a strong defense against having them issued in the first place.

The Bak case goes all the way back to the summer of 1999, when the former wife alleged her then-husband was abusive toward her. The judge granted a temporary injunction (which isn’t difficult to obtain in Florida, as it only requires testimony and evidence from the petitioner). A couple weeks later, a permanent injunction was filed, and the pair divorced shortly thereafter.

Thirteen years passed. In 2012, the husband asked the court to have the injunction dissolved, arguing that changed circumstances had made it equitable to do so. As noted by the court, success in this argument would require the moving party to show that the scenario underlying the injunction no longer exists so that continuation of the injunction no longer serves a valid purpose (as pointed out in the 2011 Fla. 1st DCA case of Alkhoury v. Alkhoury). The request was denied. Two years later, he again requested an end to the injunction – and was again denied. In that ruling, the judge cited the ex-wife’s reasonable continuing fear based on the fact that their minor child still lived at her home. Another five years passed. He filed a third request to have the Florida domestic violence injunction dissolved. Again, the trial court denied his request. But instead of accepting this decision as final, he appealed – and prevailed.

According to the 4th DCA, the former husband made a number of compelling arguments, including: Continue reading

October 12, 2022

Fort Lauderdale Criminal Defense Lawyer Explains the Three Levels of Police Encounters

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

When Florida law enforcement officers interact with the public in the course of their duties, there are three levels of interaction that will dictate how any search or seizure in the course of that interaction will be judged from a legal perspective.

These three levels of interaction are:

Consensual encounters.
Detention or investigative stops.
Arrests.

Within each of these interactions, the person involved has constitutionally-protected rights. But those constitutional protections are different at each level. If those rights are violated, then it is more likely that your Fort Lauderdale criminal defense lawyer will have some success in convincing the court to suppress evidence gleaned in that interaction. Here, we review the rights and protections at each level.

Consensual Encounters

Consensual encounters with police in Florida don’t require officers to establish any sort of evidence of wrongdoing. There’s no bright line rule for when an encounter is consensual vs. investigative, but we can say that a key aspect of consensual police encounters is that the person at the center of the interaction is free to leave.

The lines can get a little fuzzy because courts have held that law enforcement is allowed during a consensual encounter to ask you questions, ask to see your ID, might even ask to search your vehicle. If they say or imply that complying with their requests is mandatory, then it’s no longer a consensual encounter. However, police encounters can often be intimidating and people sometimes feel they don’t have much of a choice – even when they do. If you consent to answer questions or to be searched during a consensual encounter, it can be difficult to challenge any evidence gleaned from that – because you freely agreed to it. You’re often better off keeping your answers brief, politely declining any requests to search, and asking point blank whether you’re free to go.

In determining whether a police interaction began with a consensual encounter (as opposed to an investigative stop), the U.S. Supreme Court ruled in the 1980 case of U.S. v. Mendenhall that courts should examine the totality of circumstances – and specifically, whether a reasonable person believed themselves free to go. Continue reading

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