Category Archives: Criminal Defense
Is A Domestic Violence Injunction Worth It?
The conventional wisdom often given to a victim of domestic violence is to obtain a domestic violence injunction (DVI, also called a restraining order) if possible, given that it ostensibly provides protection in the event that an alleged abuser tries to harm them further. While this is often true, it does not address the… Read More »
Have You Been Charged With A Florida Domestic Violence Crime?
Domestic violence in Florida is defined as any criminal offense resulting in “physical injury or death” to a victim who shares a particular type of relationship with the alleged perpetrator – for example, a spouse, ex-spouse, or unmarried co-parent, among others. If you have been charged with this type of crime, it is crucial… Read More »
Can You ‘Stand Your Ground’ During A Domestic Dispute?
Florida’s ‘stand your ground’ law has had a somewhat controversial past, being used to justify killings some saw as unlawful, or even used as a metaphorical stick with which to beat defendants. However, if you have been a victim of domestic violence, knowing the intricacies of the ‘stand your ground’ law can help you… Read More »
Florida’s Domestic Violence Definition
Unlike in other states, which create a specific cause of action for ‘domestic violence’ or ‘intimate partner violence’ (IPV), Florida law does not recognize a criminal offense as one of domestic violence immediately – rather, a crime is specified as a domestic violence offense either at charging or sentencing. This can be a bit… Read More »
Should I Plead ‘No Contest’ In A Domestic Violence Case?
Normally, when a person is accused of a crime, they have the option to either plead guilty or innocent to the charges. That said, there are a handful of other types of pleas that apply only rarely to criminal matters, but from time to time, will appear. One of those is pleading nolo contendere,… Read More »
How Does Domestic Violence Impact Florida Divorce?
Psychologists have defined a list of what they refer to as Adverse Childhood Experiences (ACEs), designed to help pinpoint warning signs for children who may have future mental health-related issues. Domestic violence in the home makes the list, as does divorce. While this does not mean that a couple should ‘stay together for the… Read More »
Can A Domestic Violence Conviction Be Expunged?
If a person is convicted of a crime of domestic violence in Florida, they will likely face consequences in addition to any jail time they must serve. One of these is having a conviction for a crime of domestic violence on one’s criminal record, which can create a bad impression for anyone who checks… Read More »
Gun Rights After A Domestic Violence Conviction
For good or ill, the right to bear arms is one enshrined in the U.S. Constitution, and is taken advantage of by many Floridians. However, this right is not unfettered – there are situations in which your right to possess or use firearms can be lost, either temporarily or permanently. Having a domestic violence… Read More »
Must There Be An Arrest After A Domestic Dispute?
During a domestic dispute, in the heat of the moment, getting arrested may be the last thing on your mind. However, Florida law has what is known as a mandatory arrest policy when it comes to these matters. What this means for you is that if law enforcement believes there is probable cause to… Read More »
Coercive Control & Domestic Violence In Florida
The legal definition of domestic violence will differ from jurisdiction to jurisdiction, but in most cases, a requirement of physical harm is present. However, this places many victims of abuse in a difficult position simply because they have never been physically assaulted. A pattern of abuse that is more insidious, aimed at tearing down… Read More »