DOMESTIC VIOLENCE BATTERY
A false allegation of domestic violence is sometimes used as a tool to manipulate the person being accused. In some cases, it might be a way to attempt to gain leverage in a divorce or a child custody battle. In other cases, it could be a misguided way to keep that person from leaving the relationship, or simply revenge by a person that feels wronged. Regardless of the reason behind a false allegation of domestic violence, the charge can be emotionally devastating. It can also be harmful to your reputation in the community and among your family and friends.
In some cases, the alleged "victim" might reconsider, and not want to go forward with the charges. However, many people don't realize that it is the State of Florida that actually brings criminal charges, not their spouse or significant other. Therefore, it is only the State of Florida that can decide to drop the charges.
A proactive approach to obtain evidence to establish a motive for the false allegation is essential to a successful defense. It is important to have an experienced and knowledgeable lawyer who recognizes that people make false allegations and just because they say it happened doesn’t mean you are guilty.
Read below to find out more about the charge of Domestic Violence and contact the Ford Law Office to learn how we can help.
WHAT IS DOMESTIC VIOLENCE?
Definitions
“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
“Dating relationship” means a continuing and significant relationship of a romantic or intimate nature.
DOMESTIC VIOLENCE BATTERY
§ 784.03, Fla.Stat.
To prove the crime of Domestic Violence Battery, the State must prove one of the two following elements beyond a reasonable doubt:
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You intentionally touched or struck a family or household member against his or her will.
or
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You intentionally caused bodily harm to a family or household member.
This crime is a 1st degree misdemeanor.