Founding Attorney
Facing domestic violence charges in Florida is a serious matter that can impact every area of your life—from your freedom and career to your family and future. A domestic violence accusation can lead to arrest, protective orders, loss of firearm rights, and potential jail time, even before your case goes to trial. However, being accused does not mean you are guilty. Several effective defense strategies can be used to protect your rights and challenge the charges against you.
At the Law Offices of Jose E. Lopez, P.A. in Orlando, we know how stressful and overwhelming these cases can be. Understanding the possible defenses and your legal options is a key step in building a strong case and moving forward.
Understanding the Charges
Under Florida law, domestic violence includes a range of criminal offenses committed against a family or household member, such as assault, battery, stalking, false imprisonment, or any offense resulting in physical injury or death. These cases often involve emotionally charged situations, and the evidence may be limited to conflicting personal accounts.
Because the consequences are so severe, the accused must take swift and informed action to protect their rights.
Common Defense Strategies
False Allegations
In some cases, the alleged victim may make a false report of domestic violence, whether out of anger, a desire for revenge, or to gain leverage in a custody or divorce case. One of the most effective strategies in these situations is to demonstrate inconsistencies in the accuser’s story or to show evidence that the incident was fabricated.
Text messages, social media posts, witness testimony, or prior statements to law enforcement may help establish that the accusations are not credible. A thorough review of all communications between the parties can be critical.
Self-Defense or Defense of Others
Florida law allows individuals to use reasonable force to protect themselves or others from harm. If the accused acted to defend themselves against an imminent threat, this may serve as a strong defense. In these cases, medical records, photographs of injuries, and third-party witnesses may help prove that any force used was necessary for protection, not aggression.
Lack of Evidence
The prosecution must prove each element of the charge beyond a reasonable doubt. If there is no physical evidence, no eyewitnesses, and the allegations rely solely on the alleged victim’s account, this may create reasonable doubt. Video surveillance, call logs, or GPS data can also be used to challenge the prosecution’s timeline or claims.
Mutual Combat
When both parties engaged in physical altercations and it’s unclear who was the aggressor, the case may be more complex. Demonstrating that both individuals participated in the conflict can influence how the prosecution moves forward and may lead to reduced charges or even case dismissal.
Violation of Constitutional Rights
Evidence obtained during an illegal search or arrest may be inadmissible in court. If police failed to follow proper procedures—such as failing to read Miranda rights or conducting a warrantless search without justification—this could form the basis of a motion to suppress evidence or dismiss charges.
The Importance of a Skilled Defense Attorney
Domestic violence cases are unique in that they often proceed even when the alleged victim wishes to drop the charges. Prosecutors may move forward with the case based on other available evidence. This makes early legal representation essential.
An attorney with courtroom experience in domestic violence cases can assess the strengths and weaknesses of the case, gather evidence, and negotiate with prosecutors. It’s essential to have someone in your corner who knows the local courts and how these cases are prosecuted. A strategic, personalized defense can make a significant difference in the outcome.
Take the First Step Toward Your Defense
If you’ve been charged with domestic violence in Orlando or anywhere in Central Florida, you don’t have to face it alone. The Law Offices of Jose E. Lopez, P.A., is here to provide the guidance and representation you need. Contact us today for a confidential consultation.