False Accusations of Domestic Violence in Florida Are Not Victimless Crimes
If there is anything that recent headlines have taught us, is that domestic violence does not discriminate–it knows no boundary of gender, race, or religion. On the other hand, false accusations of domestic violence can maim and tarnish the name of the accused, even when innocence has been determined and the petition’s charges are dismissed. Sadly, the majority of the cases I have seen with false accusations of domestic violence have been spurred by relationship disagreements or future divorcees trying to gain the upper hand, especially in cases where child custody is involved. As a marital and family law attorney in Florida, I can review your case and determine the best ways to avoid an injunction being issued, incarceration for a technical violation involving the situation, and keep the accusation from becoming a part of your criminal record.
Domestic Violence as Defined by Florida Statutes
Florida law uses “domestic violence” as an umbrella term that encompasses several levels of physical, sexual, psychological, and emotional abuse. This broad spectrum term also includes the use of physical aggression, intimidation, and coercion as a means of causing injury or death to anyone considered a spouse or partner, child, family member, or anyone else residing within the same household. The Florida Statutes 741.28-741.31, clearly define domestic abuse, including the definitions used by law enforcement and the courts when handling a case.
When You are Accused of Domestic Violence in Florida
According to Florida Statute 741.29, Florida law enforcement officers may arrest based upon probable cause that an act of domestic violence has been committed–this does not require the alleged victim’s consent. The officer is also not held liable, in any civil action, for any arrest made on probable cause, enforcement on the good faith of a court order, or service of process in good faith arising from an alleged incident of domestic abuse. This means that when a law enforcement officer is called to the scene of a domestic abuse incident, with probable cause, they can immediately arrest the accused–who is then held in custody until they bond out or until after the first court appearance in other circumstances. While there are caveats to this, such as when more than one party is being accused, it is ultimately up to the law enforcement officer to determine if an act of domestic violence has transpired, regardless of self-defense. The best course of action if you are arrested for domestic violence in Florida is to speak to an experienced attorney, such as myself, to begin building your defense.
Important Factors in Domestic Violence Claims
When domestic violence is suspected, the person presenting the claim has the legal right to file for an order of protection. Part of the due diligence of the Florida law enforcement officer is to provide the accuser with a handout on their legal rights. Even with false claims, the accuser initially gains the upper hand early on if they obtain a protective order–but this does not mean that false claims will not later surface and be revealed in a courtroom at a full hearing within a reasonable time.
Protective Orders Require Minimal Evidence
In circumstances where real domestic violence has occurred, a protective order is the first step toward safety for a victim. The problem for those falsely accused, is that these orders are filed without hearing their side of the story. Due to the life or death nature of domestic violence, most legal systems err on the side of caution and issue protective orders with minimal evidence presented. Your attorney will help build a defense to show that the order was not warranted.
Long-Lasting Impact on the Accused
Once a protective order is filed, it becomes a public record. Even in cases where domestic violence cases have been dismissed, a background check for a job, rental, or financial application may return the result. The long-lasting impact of a false domestic violence claim can follow the accused for years after the case has been dismissed–hindering their livelihood.
Remain Calm and Call an Attorney
A relationship goes sour in one of two ways–gradually or out of the blue. While it is harder to prepare for the latter, there are some ways to protect yourself from a false claim of domestic violence. As soon as you have been accused of domestic violence, the rational approach is to contact a defense attorney. Working with your attorney, you will need to produce evidence supporting your claim of the false accusations, including texts, audio recordings, eyewitness accounts, emails, and more. The more you comply with the protective order while building your defense, the better your fate becomes.
Taking the High Road When Falsely Accused
As I stated before, the most commonly seen cases of false domestic violence accusations involve relationships and divorces involving children. With that being said, it is important to understand the reasoning behind the accusation in order to build the proper defense. In many cases, the scorned party moves to gain the upper hand in a divorce or custody battle by accusing the other party–they do this as a means to intimidate, damage a reputation, or humiliate the other person. I tell my clients that their actions after the accusation will speak volumes to the court. If they lash out due to the accusation, violate the protective order in any way, or retaliate negatively, it could result in subsequent criminal charges that further accommodate the petitioner’s agenda in the case. For these reasons alone, if you find that you are being falsely accused of domestic violence in Florida, the first step is to call my office and obtain legal counsel. By building the right defense, I am able to overcome these false allegations and work toward regaining control and normalcy in my clients’ lives.
Has a False Domestic Violence Accusation Affected Your Life?
A false accusation of domestic abuse can ruin your life if not handled properly. I have been practicing law in Florida for over 39 years, including marital and family law. If you find your life torn apart due to a false claim of domestic violence, contact my office to schedule a confidential strategy session at (305)661-7000. Together, we can discuss your case and determine the best course of action.
