Fort Lauderdale domestic violence attorneyThings got a little out of hand. Tempers flared. Maybe there was a push, a shove, a slap. And now you’re facing domestic violence charges. Allegations of domestic violence are serious and should not be taken lightly, and our Fort Lauderdale domestic violence attorney never does.

The National Coalition Against Domestic Violence reports that nearly 10 million women and men are victims of domestic assault each year. There's a lot of press about these victims and the laws that protect them. Unfortunately, there are also victims of false accusations of domestic violence. It's the job of a good Fort Lauderdale domestic violence attorney to prove what actually happened and protect the innocent.

Understanding Domestic Violence in Florida

For a crime to be classified as domestic violence, there must exist a relationship between the two parties. This means that the parties must be spouses, former spouses, related by blood or marriage, or have a child in common. Crimes of domestic violence in Florida are unique in that they don't require the consent of the victim for the police to make an arrest. That means that a husband or wife can be taken into custody even if the alleged victim doesn't want to prosecute. Under Florida Statute 741.28, domestic violence is defined as any criminal offense resulting in physical injury or death against a family or household member or any the following acts:

  • Assault: The crime of assault occurs when someone intentionally threatens another person with violence, causing the victim to fear that they will be harmed. Simple assault is a misdemeanor, but if a deadly weapon is used, or if the assault results in serious bodily injury, it can be charged as a felony.
  • Sexual Assault or Battery: Any unwanted sexual act or behavior against another, using force, threats, intimidation, or manipulation.
  • Kidnapping or False Imprisonment: Forcibly, secretly or by threat abducting, confiding or imprisoning someone without his or her consent.
  • Aggravated Assault: Aggravated assault occurs when a person commits an assault with a deadly weapon or with the intent to commit a felony. It is a felony offense.
  • Battery: Battery is the intentional touching or striking of another person against their will or the intentional causing of bodily harm to another person. Like assault, battery can be charged as a misdemeanor or felony depending on the severity of the offense.
  • Aggravated Battery: Aggravated battery is similar to aggravated assault in that it involves the use of a deadly weapon or the intent to commit a felony. However, in this case, the victim suffers serious bodily injury or permanent disability. It is a felony offense.
  • Stalking: Stalking is defined as the willful and repeated following, harassing, or cyberstalking of another person that causes them to feel threatened or fear for their safety. It is a misdemeanor offense, but can be charged as a felony in some circumstances.
  • Aggravated Stalking: Aggravated stalking occurs when a person commits stalking and makes a credible threat of death or serious bodily harm to the victim or their family. It is a felony offense.

It’s important to note that while these charges are the most common in domestic violence cases, they are not the only charges that can result in domestic violence charges. Additionally, the severity of the charges and the penalties that come with them can vary depending on the specific circumstances of the case.

We Will Help You Fight False Allegations of Domestic Violence in South Florida

You may not even remember how the whole thing started. All you know is you need it to go away. A domestic violence attorney can establish the timeline and alibi necessary to prove your innocence in court. Our Fort Lauderdale domestic violence attorney has years of experience defending individuals who were falsely accused. Talk to us if you're facing unfair charges of domestic violence.

While we're not in the business of defending true violent abusers, we do know that certain cases can be fraught with misunderstanding. Some of the most common defenses for people wrongly charged are the following:

  • The burden of proof falls on the prosecutor and their client. If the prosecutor is unable to provide sufficient proof of the violence, the case could fall apart. This is one reason it's so important to hire the right defense—one who knows how to poke holes in the other side's story.
  • Self-defense is one of the most common reasons for false accusations. In some instances, the accused had to react in defense of themselves or their children. For example, if a woman were to threaten a man with a weapon, it's within reason that he would need to defend himself. The story can be misconstrued.

We'll thoroughly investigate your case and develop the most effective possible defense strategy when you're falsely accused. Our Fort Lauderdale domestic violence attorney understands relationships are complicated and that emotions can cloud decision-making. You can trust us to get to the bottom of the situation to discover what really happened.

Don’t Underestimate the Importance of an Experienced Domestic Violence Attorney

When you're accused of domestic violence, finding an experienced Fort Lauderdale domestic violence attorney can be the difference between incarceration and freedom. You don’t want to rely on just anyone to protect your rights. We know what questions to ask and how to investigate these claims. Some points our domestic violence defense attorney will consider include the following:

  • Is there enough evidence? Fort Lauderdale domestic violence attorney Robert Malove will investigate whether the state has enough evidence against you. For example, is there a 911 tape? Did you make any statements?
  • Is there medical evidence? Did the alleged victim seek medical treatment? Were there witnesses? Were any pictures taken? Are there doctors and nurses who will testify? Were you taking any medication that could have prompted an adverse reaction and caused you to lash out?
  • Was there a change in story or resolution? Is the charge a result of bona fide domestic violence or was the incident exaggerated? Has the victim already recanted their story and mended the relationship? Has this ever happened before?

You can rest assured we know what questions to ask and how to get to the truth.

Understanding Child Abuse

Under Florida Statutes Annotated § 827.03, a person may be charged with any of the following crimes pertaining physical injury to children:

  • Child Abuse: The intentional infliction of physical or mental injury upon a child or an act that can be reasonably expected to cause physical or mental injury;
  • Aggravated Child Abuse: This means to commit any of the following upon a child:
    • Aggravated battery
    • Willful torture
    • Malicious punishment
    • Willfully and unlawfully caging
    • Abusing a child in a manner that causes great bodily harm, permanent disability, or permanent disfigurement;
  • Neglect of a Child: The accused is a caregiver, alleged to have failed or omitted to care for a child and/or provide for the child’s basic needs, including providing medical care, in a way that causes great bodily harm, permanent disability or permanent disfigurement.

Child abuse charges do not need to occur between parent and child or any other relationship covered under domestic violence law. However, when they do, the accused or alleged abuser may face a restraining order that prevented him or her from seeing his or her child.

Understanding Dating Violence

Dating violence is another type of domestic violence that is covered under Florida law. Dating violence is defined in Florida Statutes Annotated § 784 as an act of criminal violence that occurs between two people who have shared a significant romantic relationship within the previous six months.

The Stakes Are High in a Domestic Violence Case. Contact One of Our Five South Florida Locations Today!

Our Fort Lauderdale domestic violence attorney believes that many of these cases are based on false accusations and distorted facts. Deliberate false accusations may be made to manipulate the system. We see these types of accusations when the parties are fig

hting over child custody and even divorce. It's a sad truth that many people file domestic violence charges out of spite against the other party. 

Even when you know the truth and you know you didn’t abuse anyone, don’t ignore the charges. It's important to hire the right attorney to protect your reputation and freedom, one with lots of experience and good reviews.

Mr. Malove masterfully defends domestic violence charges and knows a weak case from a strong one. Often, he succ

essfully obtains a dismissal of all charges or no jail time for his client. You don’t have to be defenseless. You're not alone. When you're falsely charged with domestic abuse in South Florida, Robert Malove is the domestic violence attorney you want on your side.

Fight Back Against False Accusations of Domestic Abuse With Our Help

Domestic violence defense attorney Robert David Malove masterfully defends domestic violence charges and knows a weak case from a strong one. Often, he successfully obtains a dismissal of all charges or no jail time for his client. You don’t have to be defenseless. You're not alone.

When you're falsely charged with domestic abuse in South Florida, Mr. Malove is the domestic violence attorney you want on your side. We offer free consultations and affordable payment plans to make justice accessible to everyone. Contact us online or call us today at 954-861-0384 to have us explain your options at no cost. We have offices in Fort Lauderdale, Fort Myers, Fort Pierce, Key West, and West Palm Beach.