Category Archives: Criminal Defense
Hearsay In Domestic Violence Cases
When a person is charged with a crime of domestic violence in Florida, their first move should be to enlist a domestic violence defense attorney well versed in this type of case. There are many different possible defenses to domestic violence-related crimes, but many of them revolve around documentary evidence and witness testimony. These… Read More »
Domestic Violence & The “Duty To Retreat”
As of 2023, 28 U.S. states (including Florida) and Puerto Rico had laws known as “stand your ground” laws, which echo the common-law “castle doctrine” in eliminating any duty to retreat from a violent home invader. One of the areas of law where “stand your ground” is perhaps most relevant is in discussing crimes… Read More »
Violating A Domestic Violence Injunction Is A Crime
A domestic violence injunction (DVI) is issued in a case where an alleged victim can show that they have either been a victim of domestic violence, or have “reasonable cause to believe” that they will very soon become a victim of domestic violence. If you have a DVI currently enforced against you, it is… Read More »
A “Reasonable Fear” Of “Imminent Harm” in Domestic Violence Cases
The Florida legislature has passed many different laws in order to protect alleged victims of domestic violence, including the granting of injunctions (also called restraining orders) against alleged abusers. Many people think it is easy to obtain a domestic violence injunction (DVI), while in reality, the petitioner must demonstrate that the situation is serious… Read More »
What Is – And Is Not – Domestic Violence In Florida
The average person tends to think that domestic violence is always physical and always happens between spouses. In reality, Florida’s domestic violence law is broad, covering a wide variety of offenses against a defined group of people. If you have been involved in a domestic dispute, it is extremely important to be aware of… Read More »
Explaining Domestic Violence Battery In Florida
There are many different kinds of offenses that fall into the category of domestic violence in Florida, but by far the most common is battery. Domestic violence battery, as it is known, is usually charged more stringently than in a standard battery case, due to the relationship between the two people involved – and… Read More »
What Are The Most Common Defenses To Domestic Violence Charges?
Being charged with a crime of domestic violence in Florida can be a terrifying prospect. In addition to any jail time you might serve or fines you may be assessed, the stigma of a domestic violence conviction can affect your future prospects. If you are facing these charges, it is pivotal to enlist the… Read More »
Are More Domestic Violence Crimes Committed During Summer?
It is considered a bit of an urban legend that crime rates rise during the summer, particularly more ‘intimate’ crimes like domestic violence. This rise can be attributed to shorter tempers, more time at home, and a host of other reasons that can lead to discord – however, some researchers and law enforcement professionals… Read More »
“Black Swan” Murder Trial Explores Self-Defense Against Domestic Violence
The so-called “Black Swan” murder trial involves a couple from Manatee County. In 2020, the woman shot her husband to death, alleging that she did so in self-defense and that she feared for her life after her husband’s behavior became erratic and threatening. As of this writing, the case is in the hands of… Read More »
Can I Persuade My Alleged Victim To Drop Domestic Violence Charges?
If you have been charged with a crime that falls under the umbrella of domestic violence, it is crucial that you take such a charge seriously. It is understandable, particularly if this is your first run-in with the law, to be uncomfortable or even frightened at finding yourself in this kind of situation –… Read More »