What is Domestic Violence?
You probably think you know what domestic violence entails. Hitting, kicking, and shoving one’s intimate partner are all forms of physical domestic violence. But the definition of domestic violence is actually much broader. It describes a wide range of destructive behaviors that can cause the victim to suffer significant physical, emotional, psychological, and financial suffering.
Domestic violence is a criminal offense. In Florida, an individual who is convicted of domestic violence can face probation, jail time, and the mandatory attendance of a batterer’s intervention program. If you are facing a domestic violence charge, start working with an experienced criminal defense attorney as soon as possible to reduce your chance of being convicted and having to serve these penalties.
Types of Domestic Violence
As discussed above, domestic violence can be physical, emotional, psychological, sexual, or financial. Varied examples of domestic violence include:
- Denying a partner the right to use household money, even money he or she earned, without permission;
- Forcing sexual acts upon a partner without his or her consent;
- Denying a partner access to the medication he or she needs;
- Repeatedly telling a partner that he or she is worthless, stupid, ugly, or otherwise undesirable to others;
- Sabotaging a partner’s birth control in an attempt to control the family size
- Choking a partner;
- Isolating a partner from his or her family and friends; and
- Forbidding a partner from working or attending school.
It can be easier to prove that physical or sexual abuse happened than proving emotional or financial abuse.
Defenses Against a Domestic Violence Charge
You can defend yourself against a domestic violence charge. There are many ways to do this, and those that apply to your case depend on the circumstances of your case.
Examples of defenses against a domestic violence charge include:
- You acted in self defense;
- The victim did suffer domestic violence, but you were not the perpetrator;
- You were not read your Miranda Rights by the arresting officer;
- You acted to protect a child from harm;
- Your former partner made false allegations and there was never any violence in your relationship;
- The “violence” was consensual; and
- There is a lack of proof for the accusation.
Like with all other criminal charges, defending your case against a domestic violence charge can require the use of evidence of your innocence. Your lawyer can help you obtain and use this evidence in court.
Work with an Experienced Miami Criminal Defense Attorney
If you are facing a domestic violence charge, work with a member of our team of experienced Miami domestic violence attorneys at Ratzan & Faccidomo, LLC. During your free consultation with our firm, we can discuss your case with you and determine the best way to defend it against the charge. Do not wait to make the call and set up this appointment. Contact our firm and get started on your case’s defense with us today.