Domestic Violence Defense Attorney in West Palm Beach, FL Protecting Your Rights in Sensitive Situations in Palm Beach County, Broward County, Martin County, and Throughout South Florida
In Florida, the law provides special protection for people who suffer from violent activity committed by certain family or household members. Violent crimes between family/household members fall into the category of domestic violence. A domestic violence case involves unique issues and challenges different from those in other violent crime cases. After a family or household member accuses you of domestic violence, get dedicated legal representation to help you defend your rights and reputation. Contact experienced West Palm Beach domestic violence lawyer Brandon Dinetz at BD Law for an initial case review for dedicated legal advocacy that leverages Brandon’s background as a defense attorney and former prosecutor.
Understanding Florida’s Domestic Violence Laws
Under Florida law, a person commits domestic violence when they engage in a predicate act against a family or household member.
The law defines “family or household member” to include:
- A spouse
- A former spouse
- A person related by blood or marriage
- A person residing with a domestic violence perpetrator as if a family or previously residing together as a family
- A person with whom they share a child with a domestic violence perpetrator, regardless if the two individuals have been married
With the exception of people who share a child, a perpetrator and victim of domestic violence must currently reside or previously have resided in the same household.
Predicate acts of domestic violence in Florida include:
- Assault
- Aggravated assault
- Battery
- Aggravated battery
- Sexual assault
- Sexual battery
- Stalking
- Aggravated stalking
- Kidnapping
- False imprisonment
- Any other criminal act that results in the victim’s injury or death
A victim of domestic violence may seek a domestic violence injunction from the court, which imposes various restrictions on a perpetrator of domestic violence intended to prevent future acts of domestic violence. Furthermore, law enforcement and state prosecutors may arrest and charge a perpetrator of domestic violence with criminal offenses arising from the predicate act(s) of domestic violence.
How DB Law Assists Petitioners and Respondents in Florida Domestic Violence Injunctions
The consequences of a domestic violence injunction are significant for both the petitioner (the person seeking the injunction) and the respondent (the person seeking to defend against the injunction).
With extensive knowledge of domestic violence injunctions from all angles, DB Law represents both petitioners and respondents in these civil legal matters, helping petitioners build their case for granting the injunction to protect their safety as well as assisting respondents in defending against injunctions to protect their freedoms.
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Consequences of a Domestic Violence Charge or Conviction
After getting arrested or convicted on domestic violence charges, you may face various legal consequences. First, an arrest may accompany a civil complaint filed by the alleged victim, who may pursue a domestic violence injunction that can impose significant restrictions on a defendant, including requiring them to move out of a residence they share with an alleged victim, temporarily losing custody of children they share with the alleged victim, and prohibitions on approaching the victim, their residence/place of work, or other locations designated by the court.
A court may also impose a domestic violence injunction as part of a sentence following a conviction on a domestic violence charge. Depending on the predicate criminal offense, a defendant may face a sentence that includes jail/prison time, probation, or fines. Courts may also order a defendant to participate in anger management or mental health counseling as a condition of their sentence.
A domestic violence conviction can have additional long-term consequences beyond incarceration or an injunction. A criminal record containing domestic violence charges can make it challenging for an individual to pursue employment, educational, or housing opportunities due to their record showing up in background checks.
Defenses to Domestic Violence Charges
Depending on the types of domestic violence charges you face, you might pursue several defense strategies to challenge the prosecution’s case and seek a favorable resolution, including:
- Consent
- Lack of intent
- Self-defense/defense of others
- Insufficiency of evidence
- Evidence/statements unlawfully obtained by police
- False allegations
- Alibi
Contact a Domestic Violence Defense Attorney in West Palm Beach, FL, Today
When a family or household member has accused you of domestic violence, you need knowledgeable, dedicated legal representation to defend your reputation, rights, and future. Contact BD Law for a confidential consultation with a West Palm domestic violence lawyer to discuss your options for fighting domestic violence charges and seeking a favorable resolution to your criminal case.