Fort Lauderdale domestic violence

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

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

October 7, 2022

Arrested for Fort Lauderdale Domestic Violence While on Probation?

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

If you are arrested on a Fort Lauderdale domestic violence charge while on probation, it may result in harsher penalties – and the need for a strong defense strategy.

Probation is a form of alternative punishment that allows individuals convicted of an offense to fulfill the terms of a sentence while outside prison or jail. The oversight of a probation office or officer is supposed to serve the function of public safety, while allowing the offender the opportunity to work and contribute to society – in the hopes of rehabilitation and possibly victim restoration. The conditions of probation vary depending on the underlying offense, criminal history of the individual, and the judge who handed down the sentence. However, most terms of probation require the defendant to abide by all local, state, and federal laws.

When a new offense is committed by someone on probation, that person not only faces potential consequences for the new offense, but additional penalties for a probation violation.

Florida’s probation violation statute is F.S. 948.06.

While a criminal conviction may require proof beyond a reasonable doubt, probation violations aren’t held to that same proof burden standard. The probation officer/prosecutor only needs to show you violated the terms of your probation by a proof standard of “a preponderance of the evidence.” In layman’s terms, that means you more likely than not violated the probation rules.

As our Broward domestic violence defense lawyers can explain, you might evade a criminal conviction for the new offense but still be found to have violated your probation. And in that situation, you might be given the maximum penalty for the original underlying offense (the one for which you were on probation in the first place).

This is why it is so important if you’re accused of a probation violation to seek immediate counsel from a criminal defense attorney. Continue reading