Defenses to Domestic Violence Charges
Disagreements among spouses or relatives can escalate out of had very quickly, and the police are called and now someone is going to jail. It is a harrowing experience that can last for a protracted period of time.
A charge of domestic violence can have far reaching and negative implications for those individuals faced with this offense. It is imperative to seek out a Fort Lauderdale Domestic Violence Defense Lawyer to help you navigate these complex issues and put yourself on a path to successfully defending your case.
Often the alleged victim in a domestic violence case does not wish to prosecute the case. However, the State, has the ultimate discretion, in determining if a case is going to be filed.
The Law Offices of Dave L. Simmons, P.A.
"Defending Your Domestic Violence Charges in Court" REPRESENTATION BY AN EXPERIENCED
FORT LAUDERDALE DOMESTIC VIOLENCE ATTORNEY
If you have been charged with this offense you may feel embarrassed and upset at the situation. Broward Domestic Violence Lawyer Dave Simmons at the Law Office of Dave L. Simmons, P.A. will formulate a comprehensive defense strategy with the focus of having your case dismissed or the charges reduced to a lesser offense by utilizing various defense tactics including:
- Early Representation: Often the alleged victim in the case does not wish to press charges in the case. When a defense attorney is retained early on in the process, the chances of a more favorable outcome are increased. Police officers do not file criminal charges. After completion of their investigation, they turn the case over to the State Attorney's Office to make a filing decision. The State Attorney will review the case and file any case that they feel will have a likelihood of conviction. It is during this time that a defense attorney may contact the filing attorney and discuss the details of the case, pointing out possible weakness in the case in an attempt to convince the State Attorney not to file the charge or to file a lesser included offense.
- Wavier of Prosecution: When the alleged victim in a domestic violence case does not wish to press charges in the case, a defense attorney can help facilitate a Waiver of Prosecution. A Wavier of Prosecution is an affidavit signed and notarized by the alleged victim indicating a desire not to press charges. My firm, in this circumstance, would seek outside counsel to speak with the alleged victim as to avoid any appearance of a conflict of interest. The Waiver can also be generated through the State Attorney's Victim Advocate Unit. All though helpful and persuasive in a domestic violence case, a Waiver of Prosecution may not have the ultimate effect of dismissing the case. The State Attorney's Office will have discretion to go forward with charges even when an alleged victim has made his or her intentions clear that they do not want to go forward and press charges.
- Self Defense: May times it is the accuser that is the individual that is the aggressor in an incident that leads to a person being arrested and charged with Domestic Violence. This often arises out of a lack of a comprehensive investigation by the police agency investigating the case. Some of the issues that an attorney will investigate is whether the police properly interviewed all the witnesses on the scene; did they interview both parties to the incident or was there a rush to judgment. It is important to have a skilled domestic violence attorney to help convince the State Attorney that they have charged the wrong person in the case and that the case should be dismissed.
- Defense of Others: It is a defense to use force against another individual if that person reasonably it is necessary to prevent a family relationship member from harmed by another individual.
- False Allegations: Often false allegations of Domestic Violence are used by a family member. Sometimes just general anger about the relationship can case this type of false allegation. Many times the allegation is used to gain an upper-hand in child custody and divorce situations. A skilled domestic violence lawyer will help you defend against these type of manipulation.
- No Contact Order: After an arrest has been made in a domestic violence case, a "No Contact Order" is most often ordered by the Court. This "Order" means that the Defendant or Accused may have no contact, directly or indirectly with the alleged victim or accuser. This Order can be withdrawn upon the request by the alleged victim in a hearing before the Court.
If you have been charged with the crime of domestic violence in Broward County, Contact Attorney Dave Simmons today for your free consultation at (954) 765-3540.