Types of Domestic Violence
Domestic violence includes:
- Assault
- Aggravated Assault
- Battery
- Aggravated Battery
- Sexual Assault
- Sexual battery
- Stalking
- Aggravated stalking
- kidnapping
- false imprisonment
- or any other criminal offense resulting in physical injury or death by any of petitioner’s family or household members.
It is also commonly referred to as intimate partner violence.
Domestic Violence Defenses
The main defenses against domestic violence include the following:
I didn’t do it
If you try to use this defense you or your attorney often will have to provide evidence that you were not at the crime scene when the alleged conduct occurred. This could involve establishing an credible alibi as to your whereabouts at the time in question.
Your partner is making the whole thing up.
Perhaps your partner is angry with you and wants to get even. You could look for inconsistent information in the police report. Perhaps a witness saw your partner injure themselves in an alternative fashion.
It was all an accident
Sometimes the defendant will say that he did do the alleged acts, but it was an accident. For example, the pot slipped out of his or her hand during a fight. You or your lawyer would have to show that the conditions for the accident were at least possible-was the kitchen wet or were you even in the kitchen when the injuries occurred?
Self Defense
You weren’t the initial aggressor, it was your partner who had attacked you first leaving you no choice but to defend yourself. Look to the police report to see if your partner admitted to using violence. Also, check for self-defense on yourself.
Penalties for Florida Domestic Violence Charges
Under Florida Statute, domestic violence is considered a first degree misdemeanor and a person can receive up to once year in jail.
Conclusion
There are a lot of types of acts that are considered domestic violence in Florida. There are also several defenses that are commonly used by the accused. If you have any questions regarding domestic violence call attorney Joel Lipinski at 727-643-8964 for a free consultation.
