EXPERIENCED DOMESTIC VIOLENCE LAWYER IN FLORIDA

FLORIDA LAWS ARE TOUGH FOR THOSE ACCUSED OF DOMESTIC VIOLENCE

Domestic violence claims must be taken seriously, whether the offense centers around domestic battery or any other issue.

Because the control — and therefore the potential for abuse — exercised by an accusing family/household member is quite significant, the law provides a number of protective mechanisms aimed at leveling the playing field, legally speaking.

Unfortunately, the general public often makes unfounded assumptions without realizing how domestic violence claims can also be traumatic for the accused. When the accusation is false, the accused may be forced to protect themselves against substantial penalties and fight for their right to spend time with their children, even though they have not done anything wrong.

Given the high stakes, it’s critical that you connect with an experienced domestic violence lawyer here at Fowler Law Group for guidance. Our offices are conveniently located in Sarasota and Bradenton.

WHAT IS DOMESTIC VIOLENCE?

In Florida, domestic violence is a rather broad category that covers offenses committed by family members, lovers, and household members against one another.  These offenses include but are not limited to:

• Assault
• Battery
• Sex crimes
• Kidnapping
• Stalking
• False imprisonment
• And more

If you have been accused of physically attacking a family member, for example, then the State may charge you with domestic violence battery, which carries its own unique penalties and provides the victim additional opportunity to limit your rights (i.e., through an injunction).

THE DOMESTIC RELATIONSHIP ELEMENT

An offense may be labeled as “domestic violence” only if it is committed by an individual against a family member or household member.

What sort of victim qualifies?  Consider the following:

• Crimes between current or former spouses.
• Crimes between individuals who are blood relations or are linked by marriage.
• Crimes between individuals who reside in the same household as part of a family unit.
• Crimes between parents who have a child together, whether or not they are/were married.

For example, suppose that you have been charged with domestic violence for shoving (and injuring) a roommate.  If your roommate is vengeful, he could characterize the incident as domestic violence and attempt to impose more severe penalties than would otherwise be available in a situation having nothing to do with domestic violence.

What can you do?

Well, the domestic violence accusation here does not have merit. You could ostensibly defend against such action by arguing that the roommate is not part of your “family unit,” even though you reside together in the same household.