Our Criminal Lawyers in Fort Lauderdale recently reported on a crime occurring in Hollywood Florida whereby a man was hit by a car after stabbing his ex-wife. The Sun Sentinel report today that a suspect has been apprehended and charged with kidnapping, stalking and felonymurder. A Broward County magistrate judge ordered Jorge Ruiz held without bond pending the resolution of the case.
Ruiz is alleged to have appeared at his ex-wife’s residence, stabbed her repeatedly and then fled on a bicycle. It was during his fleeing the scene of the crime that he was struck by the automobile. The accused and ex-wife were taken to the same hospital whereby the victim to the case positively identified the assailant. Jean Ruiz, the victim had filed for restraining order against her ex-husband following an alleged incident of domestic violence. It is alleged that this restraining order was violated on at least two occasions at the victim’s place of employment.
More information about this case or applicable Florida Criminal Law governing it contact attorney William R. Moore at 954-523-5333.
Many domestic violence arrests result in the accused being ordered not to visit their own home. This court order issued by the assigned domestic violence judge is legal and it does not matter if the person residing in your home has little or no right to be there.
Arrested for domestic violence in Broward County and need to get personal items so that I can work.
The quickest way to retrieve items from a residence that you have been ordered to stay away from is to contact a Broward Sheriff’s Office deputy to accompany you to that residence. If you have been ordered to stay away from the residence, even if it is your own house by way of a no contact order, you will be arrested being at that location without a police officer.
Can I have a no contact order withdrawn by the court?
The presiding judge upon proper motion by our Domestic Violence Attorneys can withdraw a no contact order. Tell us about the facts leading up to your being ordered to stay away from a residence and we will tell you specifically what can be done.
Use the form below and domestic violence lawyer William Moore, a Broward County lawyer for almost 20 years, will get back to you in less than 30 minutes. You may also call attorney Moore by dialing 954-523-5333
Our Criminal Lawyers in Fort Lauderdale have been actively involved in both litigating and reporting on bullying cases in South Florida. This has been quite a serious topic following the tragic suicide of Rebecca Sedwick, a victim of cyber bullying and bullying in her school, Florida lawmakers are planning to make bullying and Cyber-Bullying in Broward County a criminal offense.
Domestic violence in Broward County has long been considered to be an offense that is fueled by private industry and the emotions of South Florida residents. Our Criminal Lawyers know this and factor that in outlining an appropriate defense strategy.
In the past 17 years as a Domestic Violence Attorney in Broward County Florida, I have been actively involved in the defense of hundreds of these cases and witness to thousands. One issue that comes up time and time again is that of the prosecutions moving forward despite the fact that they lack of cooperation from the alleged victim. I think that most local criminal defense attorneys understand that the elected state attorney and staff at the prosecutor’s office would rather not be credited with dropping a domestic violence charge in Broward County as this by nature goes against what they are geared to do. That is to seek convictions.
Domestic violence is a considered severe crime in Florida and the state has allowed for a petitioner to seek an immediate restraining order against the alleged offender for the protection of domestic violence victims.
However, Broward County domestic violence lawyers argue that this remedy is often used as a tool by individuals illegally in order to manipulate the criminal justice system and use it as a weapon. Originally the basis for the filing of a restraining order was: 1. For domestic violence 2. For repeat violence, which is issued when the parties are not “family, or household members 3. For sexual violence Continue reading “Domestic Violence Linked in with Cyberstalking”
In Florida, the cyberstalking laws have been formulated under the aegis of traditional stalking statutes. Under this law, stalking refers to repeated threatening or harassing behavior that causes emotional distress, discomfort, pain, or fear in the person being subjected to such behavior. The standard restraining order has also been expanded to restrict this type of unwanted behavior, cyberstalking refers to the above-mentioned acts committed using the Internet or any other electronic medium of communication.
Cyberstalking Laws: Instances for Building a Case
The growth of the world wide web and the ability to reach anyone faster and farther has undoubtedly had a positive effect on the world today. However, there has also been a huge negative impact on individuals lives which is why there was a call to action on cyberstalking laws. The instances of cyber-stalking may include, amongst others, sending emails that contain threats, comments that are harassing or manipulative, and/or lewd remarks; hacking online accounts of the victim like his email or banking accounts and changing the settings of or misusing these; impersonating the victim on social media by creating fake accounts or trying to establish contact with the latter with fake profiles; and posting personal and confidential information about the victim on public forums and message boards. Apart from being emotionally disturbing, these acts can have damaging consequences, especially with regard to younger individuals.
Fort Lauderdale based cyberstalking defense attorney warns that Florida cyberbullying laws legislation is quite comprehensive, certain uncertainties have been noted by cyberharassment lawyers and some commentators. For instance, the cyberbullying laws do not state the course of action or the consequences in instances where electronic data and/or software programs have been accessed away from the campus to create an environment of hostility or animosity within the premises of the educational institution.
Broward County criminal attorney is asked “is the crime of stalking a felony in Florida?” As a Broward County criminal defense attorney, I am often asked about Broward County criminal charges stemming from stalking. Rest assured that these charges are not to be taken lightly as they can result in severe criminal sanctions. Conduct which constitutes a misdemeanor stalking offense is aggravated to a felony when, at the time of the conduct, an injunction for protection against repeat or domestic violence or some other court-imposed prohibition of conduct by the defendant is in existence. To convict a defendant of aggravated stalking based on the violation of a domestic violence injunction, the State must prove that the defendant had knowledge of the injunction. Knowledge by an accused that an injunction is in effect an essential element of the felony offense of aggravated stalking after the entry of a domestic violence injunction. Thus, it was not shown that an aggravated stalking defendant was served with a permanent injunction, as required for conviction, despite the claim that a notation on the permanent injunction of “1-20-98” should have been interpreted as meaning that the defendant was given a copy of the injunction in open court on January 20, 1998; the notation appeared on the permanent injunction that was entered five days before the date indicated by the notation; the notation was written next to a line which stated “forwarded to sheriff for service,” and nothing in the record established that the defendant was served with the permanent injunction. Broward County criminal lawyers caution that it has been held that actual notice of the injunction for protection against repeat or domestic violence is not an essential element that must be proved by the State beyond a reasonable doubt; the State must prove only that an injunction or some other restriction for protection was in place when the accused repeatedly followed or harassed the victim. In fact, the failure to serve the defendant with the permanent injunction for protection against repeat violence did not invalidate his conviction for aggravated stalking, where the State presented competent substantial evidence that the defendant engaged in stalking activity at a time when a permanent injunction was in place after the defendant had been served with a temporary injunction, notified of the date and time of the hearing for extending the injunction, and, by the language contained in the temporary injunction, made aware that he would be bound by the issuance of a permanent injunction and any other matters determined at the hearing. Remember, it cannot be emphasized enough that you should always have a Broward County criminal defense attorney appear on your behalf should you be accused of such an offense.
Domestic violence has always been a difficult issue, says Broward Domestic Violence Attorney William R. Moore. Until relatively recently, violence within the home had little or nothing to do with the criminal justice system. Violence that occurred behind closed doors was not a topic for public discussion and police were infrequently involved in domestic disputes, according to Fort Lauderdale criminal lawyer William R. Moore.
During the past 20 to 30 years, that attitude has changed greatly, says Fort Lauderdale criminal defense attorney William R. Moore. Rather than simply ignoring the problem, some states have enacted laws that says law enforcement agencies must separate a couple if they are called to a domestic disturbance – which usually means taking one to jail. In cases where both people allege that they were attacked by the other, the law enforcement officers responding to the scene attempt to weigh the available evidence to determine which party was the aggressor or who inflicted the most damage. This evaluation includes figuring out which party, if any, has visible injuries and the extent of those injuries. Law enforcement officers will likely interview the people involved (and witnesses, if there are any) apart from one another to avoid further fighting and to receive the most accurate possible versions of events.
The police officers may also evaluate factors such as alcohol or drug usage leading up to the domestic violence incident or accusation. In Florida, most criminal defendants who take a plea deal involving a domestic violence or domestic battery charge involve batterers intervention classes, which usually meet weekly. Those who take the plea deal must often meet probation-like requirements, such as reporting regularly and staying free of drugs. They must also attend a certain number of batterers intervention classes while paying the required fee per class. However, plea deals offered by the state vary significantly from case to case and defendant to defendant and may account for factors such as the defendant’s prior record and the seriousness of the allegations.
By Criminal Defense Attorney William Moore, email@example.com