Tag Archives: Miami Domestic Violence Defense Lawyer
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 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 »
The Importance of the Right to a Jury Trial in Domestic Violence Cases
If you are charged with a criminal offense arising from alleged acts of domestic violence, you have certain constitutional rights the courts must respect, such as the right to a jury trial. This may seem obvious enough. But keep in mind, a jury trial means the jury must hear and decide–beyond a reasonable doubt–that… Read More »
Florida Prosecutors Cracking Down on Gun Rights of Domestic Violence Defendants
A domestic violence order can affect your basic civil rights. For example, Florida law states that a person under a final “injunction committing acts of domestic violence, stalking, or cyberstalking” may not possess a firearm. Violation of this firearms ban is separately punishable as a first-degree misdemeanor. Similarly a person convicted of any felony–including… Read More »
Can My Ex-Spouse Get a Domestic Violence Injunction Just by Asking for One?
A final judgment for protection in a Florida domestic violence case can be devastating for the defendant. Not only does a permanent injunction publicly tar you as an abuser–even if you never committed a violent act–it can affect your basic civil rights. Indeed, if you are an immigrant living in the U.S. you can… Read More »
How Does a Domestic Violence Order Affect My Right to Own Firearms?
A domestic violence order can have a significant impact on your civil rights. If a Florida judge issues a final injunction against you in a domestic violence case, you can effectively lose your Second Amendment right to own firearms for personal protection. This is why it is important to defend yourself against false allegations… Read More »
Domestic Violence Charges No Excuse for Taking Judicial Shortcuts
If you have been accused of domestic violence, you have the same rights as anyone else accused of a crime. It is not enough for an accuser to present unsubstantiated allegations. Before granting a domestic violence protection order, a judge must determine there is “competent, substantial evidence” supporting the accusation. You also have a… Read More »
Protecting the Due Process Rights of Persons Accused of Domestic Violence
Domestic violence laws are designed to protect women, children, or anyone else suffering from the effects of abuse at the hands of a family or household member. A Florida court may issue a permanent injunction for protection against an individual when there is evidence presented of domestic abuse. But the law must also protect… Read More »
Florida Bill Would Protect Domestic Violence Victims from Repeat Offenders
If merely breaking the law was a sufficient deterrent for offenders, then victims of domestic violence would be much safer. As it is, some offenders are not deterred by the misdemeanor offenses that currently safeguard victims from the threat of a violation of a protective order. To bridge the gap, Florida lawmakers have proposed… Read More »