Public Defender
Avvo Rating 9.0
Great Seal Of The State Of Florida
Broward County Bar Association
The Florida Bar 1950

Domestic Violence FAQs – Broward County

Ft. Lauderdale County Defense Attorney Defending People Accused of Domestic Violence in Broward County

Relationships can be complicated, and arguments between family members and romantic partners can quickly escalate. Unfortunately, some disagreements result in allegations that one party harmed the other, which ultimately leads to charges of domestic violence. Such charges should not be taken lightly, as a conviction for a crime of domestic violence can impact your reputation, career, and your liberties. If you are charged with a domestic violence crime in Broward County, it is wise to consult an attorney to discuss what defenses you might be able to argue in an attempt to avoid a conviction. Dave Simmons of The Law Offices of Dave L. Simmons, P.A. is a skilled Broward County criminal defense attorney who is adept at helping people charged with domestic violence protect their rights, and if you hire him, he will advocate tirelessly on your behalf. Mr. Simmons regularly represents people charged with domestic violence in cities throughout Broward County.  

What Constitutes Domestic Violence in Broward County?

Section 741.28 of the Florida Statutes defines what constitutes domestic violence in Broward County and throughout Florida. Specifically, it includes any assault, including sexual assault and aggravated assault; battery, including aggravated battery and sexual battery; stalking and aggravated stalking. It also includes false imprisonment, kidnapping, false imprisonment, and any criminal offense committed by one household or family member that causes the physical injury or death of one household or family. Household and family members include current and former spouses, people related to one another either by marriage or by blood, people who live together as a family or who have done so in the past, and people who share a child in common, regardless of whether they were married.

What are the Potential Penalties for a Domestic Violence Conviction in Broward County?

The penalties for a domestic violence conviction in Broward County can vary significantly depending on the severity of the offense and the defendant’s criminal history. Penalties may include jail or prison time, probation, mandatory counseling or anger management classes, community service, fines, and a permanent criminal record. A first-time domestic battery offense is typically charged as a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a $1,000 fine. More serious offenses, such as aggravated battery, can be charged as felonies with harsher penalties, including longer prison sentences.

What is an Injunction for Protection Against Domestic Violence?

An injunction for protection against domestic violence, commonly known as a restraining order, is a court order that provides protection to victims of domestic violence by prohibiting the alleged abuser from contacting or coming near them. Under Section 741.30 of the Florida Statutes, a Broward County domestic violence victim can file a petition for an injunction if they have reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence. The injunction can include provisions such as ordering the abuser to leave the shared residence, granting temporary custody of children, and requiring the abuser to surrender firearms. Violation of an injunction is a criminal offense and can result in arrest and additional charges.

Are there Any Defenses to a Domestic Violence Charge in Broward County?

Several defenses may be available to someone charged with domestic violence in Broward County. Common defenses include self-defense, where the defendant argues they were protecting themselves from imminent harm, and defense of others, where the defendant was protecting another person. A defendant may also be able to argue that the prosecution lacks sufficient evidence to establish guilt, the accusations are false, or that the incident in question does not meet the legal definition of domestic violence. If you are accused of domestic violence, an experienced Broward County criminal defense attorney can evaluate the specifics of your case and develop a defense strategy to help you challenge the charges.

Talk to Seasoned Ft. Lauderdale County Domestic Violence Defense Attorney Today

Convictions for domestic violence crimes can irreparably impair a person’s reputation and rights, but many people accused of such offenses can avoid guilty verdicts with the assistance of legal counsel. As such, if you are charged with a domestic violence crime, it is smart to speak to an attorney about your potential defenses as soon as possible. Dave Simmons of The Law Offices of Dave L. Simmons, P.A. is a seasoned Ft. Lauderdale domestic violence defense attorney, and if you engage his services, he will zealously pursue the best legal outcome possible under the facts of your case. His office is located in Ft. Lauderdale, and he regularly defends people facing domestic violence charges throughout Broward County. You can contact Mr. Simmons by calling (954) 765-3540 or using our online form to arrange a confidential and free conference. 

Client Reviews

David is an outstanding lawyer. David was most caring on a personal level as well as working on my case. His understanding and honesty was genuine. I would advise you, to call David. He should be the first lawyer you call for your situation. I highly recommend him.

Joey John

If you're looking for an attorney who actually cares about your case... call Mr. Simmons. I've seen reviews before and some are quite contrived... mine is real. I was a client of his and I will attest to his character and professionalism under oath. From my initial consultation, until the closing of...

Shawn Connors

I highly recommend Dave Simmons to any individual who is in need of a criminal lawyer. He was on top of my case from the very beginning. He was easily accessible by phone and email (even on the weekends!!!) And most importantly he was successful in getting a great resolution to my case. Thank you...

Marc Malloy

Contact Us

  1. 1 Free Initial Consultation
  2. 2 Available 24/7
  3. 3 20 Years Experience in Broward County
Fill out the contact form or call us at (954) 765-3540 to schedule your free initial consultation.

Leave Us a Message