28th Feb 2017
A criminal defense attorney in Fort Lauderdale can explain domestic violence laws and why they exist. He or she can identify the process used in cases involving domestic violence and the advantages that they provide alleged victims. A criminal defense attorney in Fort Lauderdale can also explain possible defenses to these crimes.
Domestic Violence Offenses
Domestic violence includes any assault, battery, sexual assault, stalking, kidnapping or false imprisonment that is committed by a person who shares a certain relationship with the victim. This relationship may be that the victim and defendant are current or former spouses, related by blood, related by marriage, living together as family or co-parents. Except for co-parents, it is a requirement under Florida’s domestic violence laws that the individuals are currently living together or formerly lived together. These laws are in place to protect victims who are physically harmed or threatened.
Order of Protection
An alleged victim can petition the court for an order of protection that orders the alleged perpetrator to stay away from him or her, the victim’s residence, the victim’s place of employment and other places he or she is known to frequent. An order of protection may provide the following provisions:
- The defendant is ordered not to commit any acts of violence against the victim
- The victim receives the shared dwelling
- Child support is ordered
- The defendant is ordered to treatment or counseling
- Other provisions that are meant to protect the victim
Due to these potential protections, some alleged victims attempt to use this process to gain an advantage regarding a home matter or a child custody case. A criminal defense attorney can explore all possible defenses.