False Accusations of Domestic Violence in Florida

Learn How to Handle False Domestic Violence Charges in Florida

False accusations of domestic violence in Florida are more rampant than you may think. While Florida takes domestic violence cases seriously, the state also criminalizes lying about being domestically abused. The sad thing, however, is that Florida operates on a “preferred arrest policy” when handling reports of domestic violence. This means that the accused will often be arrested based on a single accusation, even if it’s false.

Once a person is arrested for domestic violence, society often labels them as domestic abusers, regardless of the facts. This type of stigma rarely goes away, even when a police investigation later reveals that the accusation has no merit. During this time, the wrongly accused have already faced dire consequences for an offense they didn’t commit. In the worst cases, the innocent defendant isn’t let off the hook due to incorrectly interpreted evidence.

The bottom line is that false accusations of domestic violence can ruin the defendant’s life. As such, individuals in this situation must act promptly to protect themselves. In this article, you’ll learn everything you need to know about handling false accusations of domestic violence in Florida.

Consequences of A Conviction for Domestic Violence in Florida

The Penalties of Domestic Violence Conviction Include Jail Terms, Probation, And Fines

Generally, domestic violence in Florida is a first-degree misdemeanor punishable by:

• Up to a year in jail
• Up to one year of probation
• Up to $1,000 in fines.

Penalties typically increase with second or subsequent offenses. For example, anyone convicted of this offense will serve minimum mandatory jail terms as follows:

• 10 days for first offenses
• 15 days for second offenses
• 20 days for third and subsequent offenses.

The punishment also increases if the offense occurs in the presence of an underaged member of the family or household. Furthermore, domestic violence can also be charged as a felony with harsher consequences. It all depends on the specifics of each case.

Other penalties associated with domestic violence in Florida include:

• Loss of parental rights
• Enrollment in a batterers intervention program
• Community service
• Loss of the right to own a gun
• Loss of voting rights.

It’s important to mention that a conviction for domestic violence in Florida remains in the convict’s criminal record for life. In other words, your criminal record as it relates to your domestic violence conviction cannot be sealed or expunged. There are no exceptions.

Common Mistakes To Avoid When Falsely Accused of Domestic Violence

What Not To Do Following An Arrest for Domestic Violence in Florida

Given the seriousness of a domestic violence accusation, it’s normal for an accused person to feel panic and anxiety about the future. However, it’s also important to remain calm and think carefully before you do anything. Otherwise, you’ll likely make mistakes that will worsen your situation, such as the following:

Talking to The Police 

On no occasion should you speak to a law enforcement officer (or anyone for that matter) without your attorney’s go-ahead. Even though you’re innocent, anything you say can be twisted to suit the accuser’s narrative. So, always invoke your right to remain silent until your defense lawyer is present.

Communicating with The Alleged Victim

You may think that getting the accuser to admit that they were lying is the quick fix to your situation. Unfortunately, this is far from how domestic violence cases work. Even though they can significantly influence the decision, an accuser has no authority to drop the charges against you. Again, if there’s a court-issued no-contact order, contacting the accuser becomes illegal.

Assuming That The Prosecution Will Drop The Case 

As an innocent accused, you may believe that the truth will eventually surface and the charges against you will be dropped. This isn’t always the case. Although the prosecutor may drop a case when there’s insufficient proof, they don’t need indisputable incriminating evidence to get you convicted. So, never make the mistake of leaving your case at the mercy of the government.

What Should I Do If Falsely Accused of Domestic Violence in Florida?

Essential Steps To Take Following A Domestic Violence Accusation

The best thing to do when you’ve been falsely accused of violence is to call your Florida domestic violence defense attorney immediately. Here’s what they’ll do for you:

Calm You Down

It’s important to keep calm to avoid making irrational decisions during the pendency of your case. An experienced attorney understands this and will do their best to keep you composed. They’ll offer you solid emotional support through this difficult time.

Give You A Clear Picture of Your Situation

Every defendant deserves to understand the gravity of the situation they’re in. An experienced defense attorney will review your case and let you know how good (or bad) it looks. This will help you prepare better for the outcome and avoid unwanted surprises.

Evaluate Evidence 

Since lawyers have a keen eye for details, they’re in the best position to examine any evidence against you. They can easily spot loopholes in the government’s case and leverage them to secure your freedom.

Conduct Investigations

Seasoned defense attorneys conduct independent investigations to uncover evidence that supports your case. These include witness statements, surveillance footage, alibis, medical records, and electronic communication records.

Represent You in Court

Your defense lawyers will take advantage of the evidence they’ve gathered to build a strong defense on your behalf. They’ll also argue aggressively in your favor in the presence of the judge and jury.

Fight for Your Freedom, Contact The Compassionate Attorneys at Taracks & Associates Now!

Don’t Tackle Your Domestic Violence Charges Alone

What’s worse than domestic violence is being falsely accused of domestic violence. Unfortunately, when a relationship turns sour, some individuals resort to false accusations as a retaliatory measure and to massage their bruised ego. Worse still, it’s usually their word against yours, and the court will give judgment based on who they believe is more credible. In many cases, that person is the alleged victim.

However, if you’re facing false accusations of domestic violence in Florida, all hope is not lost. At Taracks & Associates, our Florida domestic violence attorneys believe in your innocence and are ready to fight for your rights. We understand how the legal system works and will leverage our experience to aggressively defend you.