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Articles Posted in Domestic Violence

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Has a restraining order been issued against you? Are you unsure of what you can and cannot do? A restraining order is issued by the state court and orders one person from staying away from another person. A restraining order is also referred to as an injunction. Although most restraining orders are issued by a civil court but they are also related to the criminal system. The purpose of a restraining order is to protect the victim from future harm.

Some examples of cases that involve restraining orders are:

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Domestic violence cases typically conjure images of violence taking place in the home, but Florida’s law in this area encompasses a multitude of crimes, including false imprisonment and kidnapping. According to Florida law, kidnapping involves the confinement, imprisonment, or abduction of another against his or her will. The act must be done using force, secret, or threat and without any lawful authority.

Additionally, the defendant must possess the requisite intent, which must consist of one of the following:

  • The intent to hold the person for reward or ransom, or to use the person as a hostage or shield;
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On June 18, 2015, the United States Supreme Court handed down its opinion in Ohio v. Clark, 13-1352 (June 18, 2015), holding that a trial court’s admission of out-of-court statements that a three-year-old child made to his teacher ddid not violate the defendant’s right to cross-examine the child regarding the statements according to the Sixth Amendment of the United States Constitution. Known as the Confrontation Clause, this principle outlines a number of rights for defendants in criminal proceedings, including the right to confront their accusers. This rule has many complexities, particularly when it comes to the admission of hearsay, which is an out-of-court statement offered for the truth of the matter asserted.

In a 2004 case, the United States Supreme Court clarified the scope of this rule, holding that a defendant had the right to cross-examine an individual regarding out-of-court statements when those statements are testimonial in nature. According to the court, a statement is “testimonial when the circumstances indicate that there is no ongoing emergency, and that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution.”

According to Florida Statute 90.803(23), a Florida court can permit a witness other than a child to testify regarding the type of sexual abuse that a child may have suffered based on statements that the child made to the witness. More specifically, the victim of an alleged sex crime against a minor 16 years of age or less is not required to testify at the defendant’s trial regarding the specific abuse allegations.

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It is usually sensational news when a celebrity is accused of or charged with a crime. It is somewhat less so but still a matter of media and public scrutiny when an attorney is accused of a criminal offense, especially one in which the lawyer has made his or her reputation as a criminal defense lawyer. Lawyers are as fallible as everyone else, but media attention was focused recently when criminal defense attorney William Abramson of West Palm Beach was arrested on a domestic violence charge made by his girlfriend.

According to news reports, police responded to a neighbor’s call regarding a disturbance at Abramson’s apartment and found the attorney yelling outside in the parking lot of his apartment complex. In the apartment, they discovered his live-in girlfriend on the floor and in tears. She informed police that Abramson had come home that evening and had assaulted her, prevented her from fleeing the apartment and then stomped on her knees and head. She also alleged that he had thrown her against a wall.

Attorney Abramson, who had a DUI in 2013, was arrested with bail set at $2000 and directed to have no contact with the alleged victim, to turn over any firearms, to refrain from drinking alcohol or taking any non-prescription drugs and to submit to random drug and alcohol testing. News reports of the incident did not indicate whether the alleged victim displayed visible signs of the attacks.

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Domestic violence is something that occurs quite often in various areas of Florida. If you live in the Miami area, you may be facing such charges. The best step you can take to protect yourself is scheduling a consultation with a reputable firm. A conviction for domestic violence in Miami can tarnish your reputation and prevent you from spending quality time with your children. Additionally, the courts may issue a restraining order against you and decrease the quality of your life. A Miami attorney can prevent you from performing jail time or paying high fines.

What is Domestic Violence Miami?

Domestic violence mostly includes violations that occur between two people who live in the same household. However, some domestic violence issues occur between people who have children together. Verbal altercations, physical fights, harassment and stalking fall within the realm of domestic violence. If you have been accused of any of these actions, you must act now to prevent punishment. Speak with a Miami attorney to discuss the options for your defense. 

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Violence is pervasive in American society and while most cases of violence are reported, the same is not true of domestic violence. This occurs because victims of domestic violence are ashamed or afraid of the repercussions that could ensue if they report it.

Nationwide, the number of domestic violence cases has increased. Florida is no exception, and domestic violence cases in Miami alone number in the thousands each year. Yet, the discrepancy between reported and unreported cases remains. Consulting with a domestic violence Miami attorney can let you know what your rights are and help you get out of a difficult situation.

Although no season is exempt, the winter season in particular is a dangerous time. The combined psychological stress and fatigue of the post-holiday downtime, looming tax preparation as well as job insecurity exacerbates tension. The added burden of credit card debt can stretch nerves taut and increase aggressive behavior.

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Have you had a restraining order or injunction placed against you, or been threaten with them?  If so, then there are some things you need to understand.

What are Restraining Orders and Injunctions?  What’s the difference between the two?

A restraining order is an official command issued to an individual by a court which orders the individual to refrain from certain activity which can include the total avoidance of contact with certain person(s.) Restraining orders are sought by plaintiffs in a variety of instances for the same reason: the plaintiff wishes to prevent the defendant from doing something that he or she has threatened. Restraining orders are used in a variety of contexts, including employment disputes, copyright infringement, and cases of harassment, domestic abuse, and stalking.  All restraining orders begin with an application to the court, which decides the merits of the request by using a standard test.

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Have you been arrested? Have you missed a court date and now have a warrant? Have you violated your probation or community control? Worried about losing your license due to traffic violations?

If you are in any of these situations or you need help with any criminal legal situation help is just a phone call away.

Get a FREE consultation from West Palm Beach Criminal Attorney EVAN A. HOFFMAN, in the Law Office of The Hoffman Firm. Here at The Hoffman Firm we believe that our knowledge and experience are your best defense. Facing criminal charges can be daunting and over-whelming; you do not have to face the judicial system alone. Call us for a free consultation and let us review the case information with you so that you can rest assured knowing our team here at The Hoffman Firm are on your side. We will be with you every step of the way making sure you do not face this alone. West Palm Beach Criminal Attorney Evan A. Hoffman has the knowledge of the criminal judicial system that you need and getting you a favorable outcome is his top priority.

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