If you have been falsely accused of domestic violence in a domestic violence injunction, it is imperative that you contact a skilled domestic violence attorney promptly to limit the damage to you and your loved ones. Make no mistake, however far-fetched such accusations may seem, they can do you and your children irreparable harm if not quickly squelched. This is why you need the skilled services of Orlando Family Team. Our law practice is dedicated to protecting family relationships, even in the face of conflict and divorce. Contact us today to discuss your options.
Defining Domestic Violence in an Injunction
Domestic violence is defined as violence that occurs between spouses, former spouses, those related by blood or marriage, those who are or have been living together as a family, and parents (married or not) of the same child or children. Types of domestic violence recognized by Florida law include:
- Physical assault or abuse — with or without visible injury*
- Threats of bodily harm or other psychological abuse, including intimidation, insults, and demeaning comments
- Sexual abuse, including unwanted sexual advances, sexual contact, and sexual threats
- Stalking, kidnapping, and false imprisonment
*physical assault includes unwanted touching, shoving, slapping, punching, kicking, biting, hair-pulling, beating, cutting, burning, and attack with a weapon.
As you can see, allegations of domestic violence are extremely serious. They also can be levied in a criminal or a civil manner against an individual. If criminal charges are filed and you are arrested, you will need the services of a skilled criminal defense attorney to assist you with the criminal case filed. Orlando Family Team has a list of trusted referrals for any clients or potentials who need information for a criminal defense attorney to assist them.
The other manner in which domestic violence impacts individuals is even without an arrest or criminal charge, a civil domestic violence injunction can be filed against you and one may be entered on a temporary basis until a final hearing to determine whether a final judgment of injunction should be entered. This is where the Orlando Family Team steps in. We have a proven track record of defending against Domestic Violence Injunctions and will be your advocate in court to protect your rights against such allegations.
Domestic Violence Injunctions can result in lifelong consequences, not only in terms of family relationships, but in terms of the loss of civil rights, employment opportunities, and even where you are permitted to live.
It Is Critical to Have an Experienced Domestic Violence Injunction Attorney
Depending on the particular allegations against you, the outcome of a domestic violence injunction may include:
- An injunction or permanent protection order
- Loss of civil liberties, such as the right to own a firearm
- Required psychological evaluations and treatment
- Required anger management classes
- Required participation in a Batterer’s Intervention Program
- Substance abuse evaluations and required treatment
Because the possible consequences of a domestic violence injunction are so significant and potentially long-lasting, it is imperative that you have one of our sharp domestic violence injunction attorneys defending you.
Defenses Our Domestic Violence Injunction Defense Attorneys May Use
Common defenses against charges of domestic violence include:
- Alibi — you can prove you were somewhere else when the attack occurred; our attorneys will help you seek out witnesses and other evidence (e.g. phone records, store or toll receipts, surveillance footage) proving you were elsewhere at the time
- Defense of others — if you were acting in defense of your child or another person
- Defense of property — e.g. if you used non-deadly force to protect your car or boat
- False allegations — you never committed the illegal act; the plaintiff invented the story
- Lack of intent — any harm done was accidental
- Mutual combat — if you engaged in a consensual fair fight with another
- Self-defense — the alleged victim was attacking you at the time you committed the act
- Someone else committed the crime — proof that the victim’s injuries were self-inflicted, or that the victim was harmed by someone else
Note that some of the above defenses may not apply in a civil domestic violence injunction hearing but also may be applicable to a defense against criminal charges levied against you. We strongly encourage anyone charge with criminal allegations of domestic violence to discuss your case with an experienced criminal defense attorney.
The domestic violence injunction defense attorneys at Orlando Family Team are exceptionally well-prepared to defend you from false allegations of domestic violence in a civil injunction. You can rest assured that we have the in-depth knowledge of the law, the well-crafted courtroom strategies, and the personal concern for your well-being to bring your case to a successful conclusion.
Raising Doubts Is an Essential Part of the Defense Process
Because the court may be predisposed to protect the person who appears to be the victim of a domestic violence incident, our lawyers have the skill set to be persuasive. We know precisely which questions to raise at your hearing to plant seeds of doubt about your culpability, for example:
- Does the alleged victim have a clear financial or custodial interest in convincing the court that you are a dangerous person?
- Is there any physical evidence that the alleged violence actually occurred?
(e.g. corroborating testimony, broken objects, medical records of injuries)
- Do you (the defendant) have any past history of violent behavior?
- Does your accuser have any history of violent behavior? False allegations? Angry outbursts? Psychiatric disturbance? Wild exaggerations?
In many cases, raising doubts about the plaintiff’s credibility is enough to get the charges against you dismissed. In others, the plaintiff will withdraw false charges once they see that their own behavior has been brought into question. It should be reassuring to note that the majority of domestic violence allegations are dismissed.
Contact Our Experienced Domestic Violence Injunction Defense Attorneys Today
Do not allow false allegations of domestic violence to restrict your freedom, interfere with your relationship with your children, damage your reputation, or negatively impact your ability to earn a living. The sooner you contact Orlando Family Team, the sooner we will fight to defend you from false allegations of domestic violence and restore your good name.