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What Is Considered Domestic Violence in Florida?
People often have a vague idea of what constitutes domestic violence. In order to understand domestic violence charges and their possible consequences, it’s vital to know what Florida law considers domestic violence to be.
Domestic violence is defined as abusive behaviors one adult uses to control and subjugate their current or former partner. It can include any of the following (and often includes more than one of these simultaneously):
- Physical and/or sexual violence
- Emotional abuse (such as a spouse always being critical of the other spouse, invalidating the other spouse’s opinions or feelings, saying the spouse never does anything right, etc.)
- Isolation (refusing to let the abused spouse visit friends, family, even doctors)
- Economic abuse (the abusive spouse controls all the finances, leaving the abused spouse unable to purchase things or pay bills)
- Abuse pets
- Threaten children (even if the threats aren’t acted on, the stress of the threat is a form of emotional abuse)
- Other behaviors and actions meant to increase powerlessness or fear in the victim.
Additional circumstances can include any assault, battery, stalking, kidnapping, false imprisonment, or any other criminal offense that results in physical injury or death.
Why Do People Make False Domestic Violence Accusations?
While everyone would like to believe that no one is capable of making such a horrendous false accusation, the reality is that it does happen, and there are three primary reasons why.
- Advantage or leverage. This happens often in divorce and custody cases. One spouse alleges domestic violence against the other in order to gain the upper hand in divorce, custody, asset division, and alimony negotiations.
- Revenge. This is more likely to happen outside of divorce proceedings. One spouse may be angry at the other (for example, if they believe the other spouse had an affair) and want to retaliate. They may also hope to ruin the other spouse’s reputation in the community or their career.
- Heat of the moment. The couple had a heated argument, and one spouse interpreted the words or actions of the other as a threat. Remember, not all domestic violence involves physical injury. It may also be that one spouse grabbed the other spouse’s arm, and the other spouse interpreted that as a threat even if it wasn’t meant to be.
How Can I Prove I’ve Been Falsely Accused of Domestic Violence in Florida?
Dealing with false accusations can be complex and not always intuitive. There are multiple tactics to consider, not all of which will work for every case. That’s one reason it’s crucial that you work with an experienced criminal defense attorney who can advise you on best practices to establish your innocence.
Another reason is that the consequences of being convicted of these charges can be severe. They can include losing your parental rights, your ability to own a gun, your right to vote, and not just child custody but all parental rights.
In general, there are several dos and don’ts.
Consult with an attorney. They can review your case and the charges against you to recommend what could be the best approach to establishing your innocence.
- Collect evidence. This can include things such as emails or texts from the accusing spouse showing a pattern of poor behavior on their part. It can also be things like documentation of alibis (for example, if the accuser said the violence happened on a day when you were out of town for work). It may also include testimony from witnesses who saw the accuser acting out or making unfounded accusations.
- No contact. It can be tremendously tempting to reach out to the accuser and try to come to a rational solution. But that can backfire in terrible ways. Don’t reach out to the accuser in writing, in person, or by phone. Don’t even send a gift such as flowers.
- Friends and family. If your spouse is threatening to file charges for things you know you didn’t do, consider talking with other friends or family about it. That may help you if the case eventually goes to court.
- Restraining order. If the accuser has been granted a restraining order against you, obey it. No matter how good your intentions are, a violation of the restraining order could be used as evidence against you.
- Challenge the accuser’s credibility. This should be done with the assistance of an attorney. If there’s reason to think the motive behind the accusation might involve divorce proceedings or child custody, there may be techniques to damage the accuser’s credibility.
- Turn the tables. Again, this should be done after consulting an attorney to ensure it’s legally sound. In Florida, knowingly giving law enforcement false information (including false accusations of a crime) can be a misdemeanor or even a felony. If convicted, the accuser could face anywhere from a few months to five years in jail and a fine of up to $5,000.
What Should I Do if I’ve Been Falsely Accused of Domestic Violence in Florida?
Call DeMichael Law as soon as possible at 863-216-1831 to request a free case evaluation. This is a serious situation that could benefit from immediate professional legal attention. As an experienced, knowledgeable criminal defense attorney, I understand the complexity of domestic violence charges and what consequences they can lead to. I’ll review the specifics of the accusations against you and help you understand what the defense strategy might look like to reach the best possible outcomes.
