William R. Moore has defended hundreds of people accused of Domestic Violence in Broward County, Florida.
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Domestic violence arrests usually begin with a family argument that begins to escalate out of control.
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In some circumstances, a member of the household in an attempt to prevent further tension will contact law enforcement and report that the crime of Domestic Violence has occurred. An investigating officer will quickly arrive on the scene. Unfortunately, what most do not realize is that in over 90% of the cases police officers make an arrest when being called to a scene where domestic violence has been alleged.
Police officers investigating allegations of Domestic Violence in Broward County are not social workers, nor counselors and prevent tension by arresting a family member. A vast majority of these arrests are of men. According to criminal defense lawyers this number is close to 100%.
Depending on the facts and circumstances, and arrested person will face either misdemeanor or felony domestic violence charges. These crimes are always pursued by the Broward County State Attorney’s Office, especially where there is evidence of injury, independent witnesses and or a sworn statement by the alleged victim.
Domestic violence is seen as a crime against the state and is not left to the discretion of the named victim to the case. Although victims are often asked if they wish to prosecute, this indication on police reports is ignored by filing prosecutors who will proceed forward regardless.
Following an arrest, a suspect of domestic violence will be jailed for the evening and appear before a magistrate judge the following morning who will determine an appropriate bond amount and conditions of release for the suspect. It is common practice in Florida to issue a no contact order which effectively prohibits the suspect from having contact with the named victim or returning to the family residence.
Victims will subsequently be subpoenaed to appear as a state witness and expected to testify against the love one being charged. Issues such as filing of a false police report, false 911 call and perjury are often concerned with victims that do not wish to see a loved one convicted and sentenced for domestic violence. This is true, especially in circumstances where the allegations made on the night in question were made when the police were called. Unfortunately, exaggerated explanations of facts under the stress of the moment sometimes lead to an accurate reports filed by law enforcement.
If you are charged with domestic violence or a domestic violence injunction has been served on you, it is advisable to contact an attorney immediately.
“A person commits domestic battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.
Definitions: For this purpose, the term “family or household member” has the same meaning as provided in the statute setting forth definitions relating to domestic violence, and the term “dating relationship” means a continuing and significant relationship of a romantic or intimate nature.
A person who commits domestic battery by strangulation commits a felony of the third degree, punishable as provided by statute.”
It’s important that anyone who has been arrested or charged with a crime in the South Florida area, contact Attorney William R. Moore, who has experience in all kinds of criminal defense cases, including sex crimes and DUI. The impact of a conviction for a felony or misdemeanor can have consequences on your freedom, your employment, and your personal life.
Contact Domestic Violence Attorney William Moore for more information on how we can help you. 954- 523-5333
Domestic Violence Resources
Broward State Attorney’s Office Domestic Violence Unit – On January 1, 1994 the State Attorney’s Domestic Violence Unit was formed to handle felony crimes of domestic violence, and in October of that same year misdemeanor crimes of domestic violence were added to the unit’s responsibilities.
Broward Sheriff’s Domestic Violence Information – Information about services to protect victims of Domestic Violence in Broward.
Florida Domestic Violence Statutes – Domestic violence cases; prosecutors; legislative intent; investigation; duty of circuits; first appearance.