If you’ve been charged with domestic violence in Fort Lauderdale or the surrounding Broward County area, you’re facing a serious legal challenge that could result in a lengthy jail or prison sentence and a permanent criminal record. It's critical to understand the severity of the situation and take immediate steps to defend yourself—even if you believe you are at fault. Our experienced Fort Lauderdale domestic violence lawyer, Dave Simmons, will work diligently to create a powerful defense strategy that could help get your charges dismissed or reduced to a lesser offense with lighter penalties.
What Is Considered Domestic Violence in Florida?
In Florida, domestic violence is defined as any criminal act that leads to physical harm or death between family or household members who live or have lived together. This covers many relationships, including spouses, former spouses, blood relatives, in-laws, and people who share a child.
Under Florida Statute 741.28, domestic violence includes various serious offenses such as assault, battery, stalking, kidnapping, false imprisonment, and any other crime that results in injury or death to a family or household member.
What are Common Domestic Violence Charges?
If you have been accused or charged with a domestic violence crime in Fort Lauderdale, it is important to understand the various types of charges you could be facing. Some of the most common domestic violence charges include:
- Assault. When someone makes an intentional threat—through words or actions—to hurt another person, combined with the ability to actually do it, this is considered assault.
- Battery. Battery occurs when someone deliberately touches or strikes another person against their will or intentionally causes them physical harm.
- Domestic Battery by Strangulation. This charge involves intentionally choking or strangling someone, restricting their breathing or blood flow, and causing a risk of serious harm.
- Kidnapping. Kidnapping is when someone confines or takes another person against their will, without legal authority, with the intention of causing harm.
- Stalking. A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person causing substantial emotional distress commits the offense of stalking.
All of these charges must be taken seriously, even if you believe you've been falsely accused.
What Are the Penalties for a Domestic Violence Conviction?
Penalties for a domestic violence conviction in Broward County can vary widely based on the seriousness of the offense and the defendant's prior criminal record. Consequences may include:
- Jail or prison time
- Probation
- Mandatory counseling
- Anger management classes
- Community service
- Permanent criminal record
A first-time domestic battery charge is usually considered a first-degree misdemeanor, carrying a maximum penalty of up to one year in jail, one year of probation, and a $1,000 fine. More serious offenses, such as aggravated battery, are charged as felonies and come with even harsher penalties, including longer prison sentences.
A domestic violence conviction can affect many parts of your life—not just in terms of jail time or fines, but in more subtle ways:
- Employment. Many employers are reluctant to hire individuals with a history of domestic violence, which can limit career opportunities.
- Housing. Landlords often conduct background checks, and a conviction can make it challenging to secure housing.
- Gun rights. Under federal law, individuals convicted of domestic violence are prohibited from owning or possessing firearms.
- Child custody. A conviction can significantly impact your rights and standing in family court, potentially affecting child custody and visitation.
Can a Domestic Violence Charge Result in a Permanent Record?
A domestic violence charge belongs to a category of offenses (primarily violent offenses) that cannot be sealed even with a non-conviction disposition known as an Adjudication Withheld, meaning this charge could follow you for life, affecting furture opportunities and relationships.
An expierenced Fort Lauderdale criminal defense lawyer will look to have the case dismissed or will craft a resolution that is not considered a "domestic charge" so that the case my be sealed or expunged.
What Are Some Common Defense Strategies for Domestic Violence Charges?
As a former Broward County Prosecutor turned defense lawyer with decades of expierence, Dave Simmons knows Florida's domestic violence laws inside and out and understands how they are applied in Broward County courts.
Every domestic violence case is different, but here are some common defense strategies that are often used to reduce or dismiss charges:
- Self-defense. If you genuinely believed you were in immediate danger, your actions could be justified as self-defense. Many times, the accuser may have been the aggressor in an incident. 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 are whether the police properly interviewed all the witnesses on the scene, whether they interviewed both parties to the incident, or whether there was a rush to judgment. It is important to have a skilled Fort Lauderdale domestic violence attorney to help convince the Broward State Attorney that they have charged the wrong person in the case and that the case should be dismissed.
- False accusations. Often, domestic violence charges are made in the heat of a contentious relationship and can be based on false accusations. Many times family members falsely accuse others of domestic violence. Sometimes, general anger about the relationship can cause this type of false allegation. Most often, the allegation is used to gain an upper hand in child custody and divorce situations. A skilled Broward domestic violence lawyer will help you defend against these types of manipulation.
- Lack of evidence. The prosecution must prove guilt beyond a reasonable doubt. We scrutinize the evidence to find any weaknesses or inconsistencies that could work in your favor.
- Violation of rights. If your rights were violated during your arrest or investigation, we might be able to suppress improperly obtained evidence.
How a Fort Lauderdale Domestic Violence Lawyer can help.
The Value of Early Representation
Securing a defense attorney in the early stages of your domestic violence case can significantly increase the odds of a positive outcome. While police officers conduct the initial investigation, the crucial charging decisions rest with the State Attorney's Office. This creates a vital window of opportunity between the arrest and formal charging where skilled defense counsel can intervene.
During this period, an experienced attorney can engage directly with prosecutors to highlight potential weaknesses in the evidence, challenge questionable witness accounts, and present mitigating factors. This early intervention often leads to more favorable outcomes, including decisions not to file charges or to pursue reduced charges that better reflect the circumstances of the case.
Vacating the No-Contact Order In Broward County
Following a domestic violence arrest, Broward courts typically issue a No Contact Order. This legal directive prohibits the accused from any communication with the alleged victim—whether direct, indirect, or through third parties. While these orders are mandatory at first, they can be modified or lifted if the alleged victim petitions the court during a formal hearing. The court carefully considers such requests to ensure the alleged victim's safety and well-being before making any changes to the order.
What Happens When the Victim Wishes to Drop Charges in Broward County?
If the alleged victim wishes to drop charges, your defense attorney can assist in obtaining a Waiver of Prosecution—a notarized affidavit documenting their desire not to proceed with the case. To maintain ethical standards and avoid conflicts of interest, we would seek independent counsel or the State Attorney's Victim Advocate Unit handles communication with the alleged victim to secure this document.
While a Waiver of Prosecution carries significant weight, it's important to understand that prosecutors retain ultimate discretion over the case. Even with a signed waiver indicating the alleged victim's wishes, the Broward State Attorney's Office may choose to pursue charges if they believe sufficient evidence exists to obtain a conviction.
What happens if the Case is Formally Filed by the Broward County State Attorney's Office?
Once a domestic violence case is filed in Broward County, a local attorney plays a critical role in guiding you through each stage of the legal process. At the Law Offices of Dave S. Simmons PA, our team reviews all court filings, police reports, and all discovery to identify potential weaknesses in the prosecution's case. We file pre-trial motions when necessary, represent you at hearings, take depositions, and communicate directly with the prosecutors to explore options for reduced or dismissed charges.
Leveraging Dave Simmons experience as both a former Broward Prosecutor and Public Defender, we anticiapate the strategies the State may use and develp a defense taylored to your situation. Our goal is to protect your rights, challenge improper procedures, and work toward the best possible outcome once your case is underway. We prepare each case as if it were going to trial and are ready for trial when called upon.
