It is not unusual for people to be wrongly accused of domestic violence. The accuser may have made a false allegation of domestic abuse out of anger or jealousy, or perhaps because he or she thinks the accusations could yield benefits in divorce or child custody proceedings. Police may also misinterpret an accident as an incident of domestic battery. The key is that we know how important it is to carefully investigate these cases in order to see that all the facts come to light.

These crimes are made more complicated by Restraining Orders, which can have serious and life-changing repercussions on their own. We fight criminal charges, as well as these Orders.

When asked, police officers often admit that they feel pressured to arrest someone if they are called to the scene of a domestic argument or dispute, particularly one involving a potential violation. They will pick one of the parties, usually the man, and make an arrest just to cover themselves.

This climate of hysteria spills over into the prosecution of these cases. The State Attorney’s Office aggressively prosecutes all reported incidents of violence in the home. Prosecutors will not drop or reduce domestic violence charges even when the alleged victim requests them to do so or refuses to testify in court. Prosecutors will even threaten a victim who changes his or her story that he or she may be prosecuted for making a false police report. The penalties for violations have become increasingly severe, including probation, anger management, batterer’s treatment counseling programs, jail and/or prison. Even if you are released on bail you may be ordered not to return to your home, even if you are paying the mortgage or rent for that home. We can help you through this.

Fighting False Allegations of Domestic Violence

Our experience means we are familiar with the wide range of defenses available to fight these charges. One of the most common defenses involves Florida self-defense laws. These apply when a person has reason to believe that he or she may suffer serious harm if he or she does not fight back. In reality, many people accused of domestic battery were simply defending themselves against the violent actions of a significant other. We are also aware that many charges of violations are the result of false allegations. A person may be motivated by anger or jealousy to falsely accuse someone of domestic battery. Divorce and child custody disputes may also play a role. No matter what, we will investigate, find out what happened and present the facts.

Injunction for Protection/Restraining Order

Often, charges involve a Restraining Order. With a Restraining Order in place, you may be kept from returning to your home or seeing your family. We can help you with both facets of your cases: defending you in Criminal Court and against the Restraining Order in Family Court. We will work quickly to get you back in your home and restore your rights.