Allegations of domestic violence in Florida can have a ripple effect across an entire family. When these allegations result in criminal charges, the consequences can be life-altering but it is important to remember that an arrest on these charges never guarantees a conviction. A skilled criminal defense attorney could help someone accused of domestic violence build the strongest possible defense strategy in their case.
If you are dealing with a domestic violence charge, having an attorney by your side could make all the difference. Instead of navigating this process on your own, having an Orange County domestic violence lawyer serve as your advocate could help you get the best possible outcome in your case.
Domestic violence offenses involve certain criminal acts that are committed against a family or household member. These acts might already be against the law, but committing them against a family member potentially increases the penalties associated with these charges.
To understand domestic violence charges, it is important to recognize which individuals the law considers a family or household member. Many assume domestic violence is a term reserved for violence between spouses. In reality, the definition is much broader.
In addition to current or past spouses that have lived together, a family or household member can also include anyone related by blood or marriage that has also lived in the same home. This includes parents and children.
Domestic violence statutes also apply to people who have lived together as a family, even if they are not related. The same is true for anyone involved in an act of violence that shares a child. An Orange County attorney could develop a defense strategy for domestic violence charges under any of these circumstances.
Finding the right defense strategy in a domestic violence case is not always easy. There are countless variables to take into account, which means some defense strategies will be more successful than others in a given case. An Orange County domestic violence attorney could develop the following defense strategies when appropriate:
One of the most common defense strategies in a domestic violence case is self-defense. Even though assaulting a family or household member is a crime, there is an exception when it comes to acting in self-defense. Self-defense is only a viable defense strategy when another party is the aggressor and when the accused had a reasonable belief that they were facing imminent harm.
The right for a person to defend themselves extends to other parties – a person might be able to evade conviction if it can be shown they were protecting someone else. While this right to defend another human being usually involves other family members, it can be extended to anyone that faces a serious risk of harm.
Another approach that is viable in these cases is focusing on the lack of evidence. The prosecutor in a domestic violence case is the one who has the burden of proof. This means it is up to the state to prove beyond a reasonable doubt that a law violation occurred. Pointing to the lack of evidence in these cases is often a viable approach.
If you face charges of domestic abuse in Florida, now is the right time to seek legal help. The Umansky Law Firm could advise you of the jeopardy you face while developing a defense strategy. Reach out to an Orange County domestic violence attorney today to learn more.
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