Domestic Violence Defense

Orlando Criminal Defense Attorney representing people accused of all types of domestic violence charges including battery and assault.  Practice areas include Orange, Osceola, Seminole, Brevard, Volusia, and Lake Counties

Domestic Violence FAQs                        Click here for Injunctions

Florida Domestic Violence Defense Attorney
Central Florida Domestic Violence Defense Lawyer and Spouse Abuse Defense Attorney in Orlando, Florida, representing those accused of committing domestic violence crimes.
If you are interested in finding out more about acquiring legal counsel please click HERE.

The Sad Truth About Domestic Violence Charges

Domestic violence is another politically motivated and heavily enforced offense currently in the Florida criminal law statutes.  More and more we hear about an arrest for spousal abuse and domestic violence batteries, domestic violence assaults, and even domestic violence murders (Note: You do not hear about convictions for this charge).  For the victims of real domestic violence these laws are a great start.  But for those who have not committed domestic violence - the law can have devastating results.

Here is the most important piece of advice on defending these cases - act fast.  Statistics show that a timely effort can make all the difference.  Hire an attorney that has a plan of attack before you arrive for a consultation.  These cases need to be attacked from the very beginning for the best results.  The earlier an attorney can enter the case the greater chance the state will file a "no information" notice - and that means dropped or dismissed.  If you or your attorney waits, the state attorney's office will file the charge and post-arraignment court dates will ensue.  We have found that by getting into a case early, before filing, we have a greater chance of getting the state attorneys office to drop the case before it ever gets to court.

Put on your boots - it's getting deep!  All domestic violence cases are reviewed and filed by specialized prosecutorial teams (who, by the way, are not formally trained in the psychology of domestic violence or spouse abuse).  By statute, all State Attorney's Offices must provide specialized units to prosecute domestic violence cases.  These cases are taken very seriously by the State Attorneys throughout Florida.  But being taken seriously does not necessarily mean intelligently.  Cases in point: 

Most domestic violence prosecutors pass through a seminar put on by the Florida Prosecuting Attorneys Association.  At this seminar there are many Domestic Violence Chiefs from the respective Offices of States Attorneys.  An example of the brainwashing that occurs is evident from one outline written by a lead prosecutor that I once interviewed with just before leaving law school.  On her wall as I walked in to be interviewed was a sign that read "All Men Are Assholes."  Her seminar outline included this list of goals for the victim and prosecutor:

A.    Victim's Goal
    1.    Win: Stop the beating that was occurring at the time of the arrest.
    2.    Win: Get the batterer into counseling and/or to stop drinking.
    3.    Win: Make things better at home.
B.    Your Goal [Prosecutor's goal]
    1.    Win: Convict the defendant.
    2.    Win: Convict the defendant.
    3.    Win: Convict the defendant.

FPAA "Domestic Violence Basic Prosecution" Cape Canaveral, November 14-16, 2001.

Even more absurd, today a 10 year old boy who gets in a fight with his brother, say age 8, can be arrested for domestic violence (which if convicted would require a 26 week batterer's intervention counseling program).  Fathers have been arrested for disciplining their teenage sons, young men have been arrested on bare allegations by a scorned ex-girlfriend, and a 73 year old grandmother has been jailed because neighbors heard a loud argument.  I wish I was making this up...

This is not responsible prosecution (or law enforcement).  First, all true Domestic Violence batterers may be assholes but they are not all men (see http://www.batteredmenshelpline.org/).  Second, this head of the domestic violence unit in a prominent State Attorney's Office has concluded that everything can be solved for the alleged victim if the state convicts the accused.  Is it really that simple?  Will a conviction automatically stop the beatings for true domestic violence offenders?  Will a conviction automatically stop an alcoholic from drinking?  Will a conviction really make things better at home? 

What happens when the defendant is fired for the conviction?  Is unemployment an enhancement to a relationship?  And for those who were just having an ordinary argument this solves nothing!  Note the gender bias, the lack of proof of repetitive violence, the prejudice toward alcoholism (as if all true batterers are alcoholics, which they are not although they will be treated as such if convicted), and the failure to mention the alleged victim's wishes - what does a prosecutor do if the victim does not wish to prosecute?

Unfortunately, young prosecutors are not given any direction for that inevitability in domestic violence cases.  Recantation and declining to prosecute happens in most cases because it is either not a true domestic violence situation (repeat violence behavior) or it truly is.  Confused?  It's normal - domestic violence is a complicated psychological issue but when it comes to prosecution - justice takes a low road avoiding intelligence in order to win, win, win and convict, convict, convict the accused at the expense of the alleged victim, the courts, and the rest of us that bear the burden of the cost of this round-up.

And what about the true domestic violence abusers?  And the abused that live in the cycle of violence?  Those statistics are never revealed as they are cast among the many to be lost in the judicial process.

If you are interested in finding out more about acquiring legal counsel regarding domestic violence please click HERE.

Domestic Violence, Protective Injunctions

An arrest for a domestic violence offense such as battery or assault against a spouse, household member, roommate, etc., usually carries with it a requirement that the defendant not have contact with the victim (even if it is your spouse or child).  This includes not returning to his or her residence if the victim also resides there.  The judge will also order that the defendant cannot possess firearms or other weapons.  These are all conditions of pretrial release.  The defendant is simply accused and has yet to be allowed to defend himself.  These facts open this statute up for manipulation by deceitful spouses and partners.

Law enforcement officers are required to give "victims" of domestic violence information regarding shelters and other legal remedies such as injunctions against domestic or repeat violence.  If a Injunction for Protection Against Domestic Violence is issued against a person, that person cannot possess firearms, he or she must remain a certain distance away from the petitioner, and he or she may be ordered to pay child support, move from his or her residence, and/or to wear an electronic ankle bracelet.  These are often seen issued shortly after an arrest for domestic violence when the victim decides to pursue this remedy.

Even more unbelievable is that most clerk's offices have instructions on how to write a statement in order to obtain an injunction.  These instructions will provide what must be in the statement in order for it to have the required facts necessary for an injunction to be issued.  Worst yet, they often times have examples of what to write.  Possibly provided to innocently assist people seeking injunctions - the instructions have definitely provided a map for the manipulator on how to have an injunction enforced upon another person.  A hearing, at this point, is a mere formality.

If you are found guilty of domestic violence against a family member or spouse you will be required to attend a 26-29 week Batterers' Intervention Program as a condition of probation or community control - no exceptions! - and you must successfully complete it!  If the court finds that you caused bodily injury to the victim you will be ordered to serve a minimum of 5 days in jail.  Your maximum penalties will depend on the nature of the charge.

If you are interested in finding out more about acquiring legal counsel regarding an injunction click HERE.

For more information regarding domestic violence go to our FAQs page.