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Your Aggressive Defense to False Domestic Violence Charges

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Domestic violence is a very serious, very real problem that plagues the United States. Each year, an estimated 1.7 million domestic violence restraining orders are issued, while there are an additional 1.2 million domestic violence restraining orders active at all times.

Domestic violence restraining orders are meant to protect, but what happens when they actually cause more harm than good?

According to SAVE Services—Stop Abusive and Violent Environments—70 percent of all restraining orders are trivial or false; furthermore, 700,000 individuals are wrongly arrested for domestic violence. And 20 billion taxpayer dollars are wasted each year on public and welfare services that arise from false allegations of domestic violence.

Your Defense to False Domestic Violence Allegations

If you are charged with domestic violence, and if you know the allegations to be false, it is extremely important to your future that you hire a Miami domestic violence defense attorney. With our legal expertise and thorough understanding of Florida domestic violence law, we can build a solid defense to the charges brought against you.

Before we delve into possible defenses, it is important first to determine whether or not the complaints made against you actually constitute as domestic violence. In order for them to meet domestic violence criteria, the complaint must be for one or more of the following acts:

  • Homicide;
  • Assault;
  • Terrorist threats;
  • Kidnapping or false imprisonment;
  • Lewdness or sexual assault;
  • Criminal sexual contact;
  • Criminal mischief;
  • Burglary;
  • Criminal trespass;
  • Harassment; or
  • Stalking.

If the complaint is not for any of the above, then the judge will dismiss the domestic violence charge entirely.

However, if the plaintiff did complain that you committed one or more of the aforementioned acts against him or her, our criminal defense attorneys would request a continuance of your trial so that we may conduct a thorough discovery of all of the evidence surrounding your case. A continuance is necessary if we hope to gather sufficient evidence because the timeframe between the filing of the initial complaint to the trial is typically less than 30 days.

Whether or not a continuance is granted, we will request the following documents from the complainant:

  • Copies of his or her medical records and reports regarding physical injuries;
  • A list of possible witnesses that may testify on the complainant’s behalf; and
  • Copies of all documents and hard evidence that the complainant may rely on when trying to incriminate you in court, including as photographs, medical records, and the like.

In addition to evidence from the plaintiff, we will also need to gather any relevant documents from third party sources, such as the police department, telephone companies, and domestic violence service centers. Examples of documents that may be used as evidence include:

  • Reports of domestic violence and phone recordings;
  • Written statements; and
  • The TRO (temporary restraining order) hearing transcript.

Contact a Miami Criminal Defense Attorney

A false accusation of domestic violence is troublesome alone, but when that accusation results in a conviction, it can severely affect your life. At The Baez Law Firm, we do not let false accusations turn into false convictions. We advocate for our clients and fight for their rights until we achieve a favorable outcome. To consult with one of our aggressive Miami criminal defense attorneys today, call 800-588-BAEZ now.

Resource:

saveservices.org/camp/faam-2011/false-accusations-of-domestic-violence-by-the-numbers/

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