Author Archives: Jay Butchko
Can My Spouse Seek a Domestic Violence Injunction Because We Had a Verbal Argument?
Domestic violence laws are designed to protect individuals from the threat of “imminent danger” to their physical safety. It is not a mechanism for parties to resolve their relationship disputes. In other words, just because you and your partner get into an argument or your relationship is breaking down, that does entitle you to… Read More »
3 Things You Need to Know About #MeToo and Sex Crimes
In a previous post, we discussed how the #MeToo movement has led to a renewed focus on the legal issues surrounding sexual harassment. But we should not forget that #MeToo has also led to criminal charges. For example, a New York State grand jury indicted Harvey Weinstein–the disgraced movie producer whose alleged transgressions sparked… Read More »
What Actions Constitute “Repeat Violence” Under Florida Law?
Florida law permits victims of repeated acts of domestic violence to seek a permanent protective order against the perpetrator. There are very specific requirements for such an order, however. The law defines repeat violence to mean “two incidents of violence or stalking” committed against the accuser or their immediate family by the same individual… Read More »
Can I Sue Someone Who Falsely Accuses Me of Domestic Violence?
There are multiple reasons why someone might file a false domestic violence report. For example, in the midst of a hotly contested divorce or child custody battle, one parent might think they can gain the “upper hand” by accusing the other of abuse. Or perhaps one partner is an undocumented immigrant and the other… Read More »
Can a Police Officer Tell the Jury I’m Lying Based on My Body Language?
In many Florida criminal cases, a police officer serves as a key witness for the prosecution. There’s good reason for this. Prosecutors know jurors are often deferential to the testimony of a police officer, which makes a conviction more likely. But it is important to remember that the police are not infallible. Nor are… Read More »
Can an Out-of-State Domestic Violence Order Affect My Florida Parental Rights?
Child custody disputes often turn nasty in Florida. In many cases, one parent will accuse the other of domestic violence in order to try and gain the upper hand in a custody battle. There’s a good reason to employ such tactics: Because they work. Florida law generally presumes that both parents should share custody… Read More »
What Happens If I’m Charged With Domestic Violence While on Parole?
A domestic violence allegation can have serious and immediate consequences if you are currently on probation or supervised release for a prior criminal offense. Federal and state law allows a court to revoke your probation if there is evidence you committed an act of domestic violence. And unlike a normal criminal trial, where the… Read More »
Florida Court Tosses Murder Conviction Over Lack of Miranda Warning
You probably know about the “Miranda warning.” Even if you don’t remember it from school, if you have ever seen a TV cop show, you understand that the police are not supposed to interrogate a criminal suspect until he or is she is advised of their rights to remain silent and have the assistance… Read More »
Fighting the Police Will Not Get You Out of a Domestic Violence Charge
Domestic violence situations often escalate quickly. If you find the police at your door because they suspect you have harmed a family member or loved one, the most critical thing to remember is to remain calm. While you have a constitutional right to remain silent and not answer the police’s questions, under no circumstances… Read More »
Can a Judge Revoke My Probation If I’m Accused of Domestic Violence?
Domestic violence charges can have a devastating effect on someone who is already serving a term of probation for a prior criminal offense. Probation is a privilege and not a right in Florida. And in most cases, a judge may revoke probation if there is evidence you committed another crime–such as domestic battery–without the… Read More »