Accusations of domestic violence in the Fort Lauderdale area lead to increasingly harsh consequences. Domestic violence can include battery, sexual violence, stalking, false imprisonment, and other acts committed by someone in your household, your current or former spouse, or a person you have been romantically involved with in the past. Although most domestic violence cases in the Fort Lauderdale area probably involve current or former romantic partners, a child can batter his parent or vice versa. Florida and other states have passed ever tougher legislation to combat the problem in an effort to protect the victims of this often silent crime. Public awareness of domestic violence has grown substantially in Broward County and elsewhere. Florida police and family courts have implemented special procedures to govern this sensitive issue.

Domestic violence is an issue that continues to challenge law enforcement and judges in Broward County and throughout the State of Florida. Being accused of domestic violence has far-reaching ramifications. If your spouse notifies the police, you could be arrested and taken to jail if they believe that you were the primary aggressor in the dispute. Florida’s mandatory arrest policy requires that one person involved goes to jail. You may have to post bail, attend numerous court dates, and be forced to miss work. You could go to trial, even if your spouse recants the story given to police, and could face a jail sentence or a hefty fine if you are convicted. The judge may enter a no-contact order that prevents you from going near your spouse, your children, and your home.

In addition to the criminal consequences, a domestic violence arrest or accusation has serious civil ramifications including the issuance of an injunction for the protection against domestic violence (commonly known as an injunction or a restraining order). The entry of an injunction will prevent you from returning to your home, contacting your family, and will require you to forfeit any firearms you may possess. The violation of a domestic violence injunction has potential criminal repercussions. If you have been accused of domestic violence recently or in the past, you should always be represented by an experienced Fort Lauderdale family lawyer.

A history of domestic violence in Florida, even if the allegations are unproven or blatantly false, will pose problems for you during divorce proceedings. Judges tend to err on the side of caution, especially when evaluating the best interests of your children. You could be denied timesharing with your children or receive only limited supervised timesharing. Unfortunately, in very bitter divorces, one spouse may accuse the other of domestic violence or other abusive behavior that never happened or is a gross distortion of the event that actually occurred. False accusations hurt the accused and their children. They are especially problematic because it diminishes the horrible circumstances many true victims have experienced. One spouse may allege domestic violence – even if there is no evidence or police report – in order to get what they want out of the divorce. Of course, because domestic violence does not always result in police contact, judges must be very careful in evaluating the situation and the credibility of each party.

An injunction is one of the most devastating measures a family member can face. If your spouse obtains an injunction in Florida, you will be unable to communicate with that person. You may not be able to see your minor children and it will severely complicate matters if you are trying to obtain a favorable divorce settlement. A Fort Lauderdale family lawyer can represent your side so that you can maintain a healthy relationship with your children.

If you have been accused of committing domestic violence, contact Carolann Mazza, P.A. Carolann Mazza is a Broward County family lawyer with experience in domestic violence, divorce, and all aspects of family law.

If you are the victim of domestic violence, take steps to protect yourself. Consult an experienced Fort Lauderdale family law attorney to obtain an injunction. Call the police anytime you are in immediate danger or if your spouse violates the terms of the injunction or no-contact order.