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How can you defend yourself in a domestic violence case?

| Oct 28, 2020 | Domestic Abuse

A domestic violence accusation can result in serious consequences on your criminal record and on your reputation. Sometimes, in hostile or bitter relationships, one partner may accuse the other of domestic violence.

If you face allegations of domestic violence, you have every right to defend yourself under the law.

What constitutes domestic violence?

The Florida Statutes state that domestic violence is an assault against a household or family member. If accused of domestic violence, you could face allegations of the following:

  • Assault or aggravated assault
  • Stalking or aggravated stalking
  • Battery or aggravated battery
  • Kidnapping or false imprisonment
  • Sexual assault or battery

To be domestic violence, the criminal offense must result in a physical injury to the victim. The victim can be a significant other, a spouse, a blood relative or someone who you live with or used to live with. If you share a child with a person and he or she accuses you of assault, this is also domestic violence.

What evidence is available?

If there is not enough evidence to prove your guilt, explains FindLaw, the prosecutor may have to dismiss your case. While you should always be careful of what you share or say to the police, if you have physical evidence of your innocence, reveal it. Evidence can refer to electronic or testimonial evidence. The evidence may prove that you were not present or that you did not act violently.

If you seek a dismissal, do not ask the accuser to drop the charges. Only the prosecutor in your case can legally dismiss the charges against you.