Fort Lauderdale, Florida Domestic Violence Attorney

Lawyer Defending Against Charges of Domestic Violence or Abuse in Fort Lauderdale

Allegations of domestic violence can turn your world upside down in a matter of moments. A single phone call can result in an arrest, removal from your home, and long-term damage to your relationships, reputation, and freedom. Police officers take domestic violence claims seriously, and they often make arrests on the spot, even if there is limited or conflicting evidence. Once charges are filed, you could face multiple types of serious consequences, even if you are not convicted.

At The Hoffman Firm, our lawyer represents people in Fort Lauderdale who have been accused of domestic violence. We can provide you with a strategic and compassionate defense. We understand the complex and emotionally charged nature of these cases, and we will work to protect your rights and minimize the impact of the accusations.

Understanding What Constitutes Domestic Violence

Under Florida Statutes § 741.28, domestic violence may include actions taken against a person's family member or a member of their household, including assault, battery, false imprisonment, kidnapping, sexual assault, stalking, or other criminal offenses that have led to physical injuries or death. Family or household members may include:

• A person's spouses or former spouse
• Any other family members related to a person by blood or marriage
• A person who is currently residing or previously resided as a family member in a person's household
• The other parent of a person's child in common, regardless of whether the parents have lived together

Situations That May Lead to Domestic Violence Charges

Police may be dispatched to respond to family disputes or disagreements between spouses. They may perform an arrest if there is any indication of violence or threats. Examples of situations in which a person could be arrested for domestic violence:

• A verbal argument took place between spouses in which one person claims the other pushed or struck them.
• A neighbor heard shouting and called the police, who may arrest someone despite conflicting stories.
• A child custody dispute leads to accusations that a parent has engaged in threats, harassment, or stalking of the other parent.
• A stepparent is accused of engaging in physical abuse against a stepchild.

Once an arrest has been made, prosecutors may pursue charges even if the alleged victim does not want to press charges. It is essential for a person who is facing accusations of domestic violence to secure immediate legal representation and begin building a defense.

Criminal Charges That May Apply in Domestic Violence Cases

Depending on the allegations, a variety of charges may be filed against a person who has been accused of domestic violence. Specific charges may include:

• Domestic Battery: A person may be accused of touching or striking a family or household member. This offense is often charged as a first-degree misdemeanor, but penalties may increase for repeat offenses.
• Aggravated Battery: If a person is accused of inflicting serious injuries or using a deadly weapon, they could face felony charges.
• False Imprisonment: Accusations of restricting a family member's freedom of movement, including confining a person against their will could result in felony charges.
• Stalking or Harassment: A person who is accused of repeatedly following an ex-spouse or other family member or engaging in repeated conduct that has led to emotional distress could face misdemeanor charges. If a person's conduct allegedly involved credible threats to inflict harm, felony charges may apply.

Legal Defenses Against Domestic Violence Charges

At The Hoffman Firm, our lawyer will conduct a thorough review of the evidence, interview witnesses, and examine the actions taken by police officers during an investigation and arrest. He will work to uncover the truth and build a defense that challenges the prosecution's claims. Potential defense strategies may include:

• False Allegations: In some cases, a domestic violence accusation may be exaggerated, fabricated, or used as leverage in a divorce, custody battle, or personal dispute. Our attorney will work to expose inconsistencies in the alleged victim's statements and raise doubt about the validity of the charges.
• Lack of Evidence: If there are no injuries, no witnesses, or conflicting statements, the prosecutor may not be able to prove that domestic violence occurred. Our lawyer will scrutinize the evidence and take steps to suppress any unlawfully obtained or unreliable evidence.
• Self-Defense: If a person used physical force to protect themselves or another member of their family from harm, this may be a valid legal defense against charges of domestic violence.
• Mutual Aggression: In some cases, both parties may have engaged in physical contact. When a confrontation is mutual, it can be difficult for the prosecution to prove that one person acted unlawfully. Our attorney can present evidence that supports a more balanced view of what occurred.
• No Intent to Harm: In certain cases, the prosecution may need to prove that the accused intended to commit a violent act. If the contact was accidental or unintentional, this could be used to dispute the charges.

Contact Our Fort Lauderdale, FL Domestic Violence Defense Lawyer

When you have been accused of domestic violence, your future, your freedom, and your family relationships may be at risk. Do not wait to seek legal help. At The Hoffman Firm, our lawyer will advise you of your options, help you develop a defense strategy, and take action to protect your rights. Contact our Fort Lauderdale domestic violence defense attorney at 954-524-4474 to schedule a free consultation.