Domestic violence cases are some of the easiest to defend in Broward County Florida. This highly criticized criminal statute is known to be misused and abused for personal gain where the named defendant and victim are involved in a custody, property or divorce dispute. Furthermore, the lack of understanding on the part of the reporting victim as to the ramifications for filing a police report or even contacting the authorities often leads to a lack of cooperation with the prosecuting attorney.How Well Do You Understand Domestic Violence Defense and Prosecution?
In many cases the domestic violence attorney is approached by a unified couple which comprises of a defendant and victim to the same action. Ethical concerns regarding the appearance of witness tampering are ever present for the attorney defending domestic violence cases.
On the other side of the litigation table, Assistant State Attorney’s routinely find themselves without support by a single party to the criminal litigation. Some circumstances even turning unassigned prosecuting attorney against the named victim to a domestic battery case where there is strong evidence to believe that said victim has neither filed a false police report or committed perjury.
Domestic violence allegations involving a serious injury, a pregnant female or a deadly weapon can become extremely stressful for individuals wishing to prosecute a claim with only a sworn statement were eyewitnesses. Lack of victim cooperation can be detrimental to a pending domestic violence matter at the hands of a skilled criminal defense attorney.
Answer the following questions to the best of your ability so that we may tell you what we think about your pending domestic battery case in Broward County Florida.
Is the person alleged to have been victimized by you a former girlfriend, roommate family member acquaintance or stranger. Was the relationship intimate, familial or only what could otherwise be classified as friendship.Have You Ever Been Arrested for Domestic Violence Prior to This Incident?
Include as much information about any prior arrest for domestic battery such as the specific Florida County, case number if known and most importantly whether the named victim in this case is the same individual alleged to have been a victim in a previous event which led to your rest.Part 1: No Contact Orders and Restraining Orders
Some of the most difficult aspects of domestic violence litigation results from the courts issuing of a no contact order following the defendant's arrest. Considering that most parties to a domestic violence case rekindled there relationship immediately following the alleged criminal activity, little to any attention is paid to the seriousness of an imposed no contact order when it comes to potential ramifications for violation. One of the most confusing aspects is the fact that an accused may be found to be in violation of a no contact order even where it was the victim that initiated the contact.
Include whether or not the alleged victim has attempted to contact you either directly or indirectly through a third party such as a family member or friend. Also indicate whether or not you believe yourself to have a firm understanding of the restrictions to the domestic violence defendant when it comes to prohibited forms of contact and/or vacation.Instructions for Completing This Section
Following section requires you to consider the following issues common to most domestic violence cases in Florida. That is how to respond to a victim to the domestic violence case for which you are arrested while maintaining a desire to reconcile not just for promotional purposes but also for reasons that may help your case.
Also explain how it is that you came to know that the main victim to your pending domestic violence case wishes to have contact with you? Do you believe that the manner in which you learned this information was also a direct or indirect violation of your no contact order?