How can I defend myself against false charges of domestic violence?

• Sep 9 2020

If you believe a domestic-violence allegation is false, contact a criminal defense attorney promptly. The state must prove the charged offense; the defense should examine the evidence rather than assume that an accusation establishes guilt.

Florida’s Domestic-Violence Definition

Section 741.28 includes assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, and other criminal offenses resulting in physical injury or death of one family or household member by another.

Family or household members include spouses, former spouses, people related by blood or marriage, people presently residing together as a family or who previously did so, and parents of a child in common. Except for parents of a common child, they must currently reside or previously have resided together in the same single dwelling. Friendship or dating alone does not automatically satisfy this definition, although other criminal laws or injunction statutes may apply.

Battery can involve intentional unwanted touching without visible injury. Assault instead concerns an intentional unlawful threat, apparent ability, and a well-founded fear of imminent violence. Domestic violence is not simply another name for battery, and insults alone do not automatically establish a listed crime.

Criminal No-Contact Conditions and Civil Injunctions

A criminal court may impose no-contact or other release conditions in a prosecution. A civil domestic-violence injunction is a separate proceeding with its own petition, evidence, and hearing requirements. An allegation does not automatically create a permanent injunction. Obey every existing order unless the court changes it; permission from the protected person does not itself modify a no-contact condition.

Evaluating a Defense

Potential issues include mistaken identity, inconsistent accounts, recordings, witness observations, the required intent, and whether the state can prove every element. Lack of visible injury does not alone defeat a battery charge. An alibi or another person’s responsibility may support the defense, but no single label guarantees dismissal.

An affirmative defense is a legal justification or excuse, not merely an assertion that the accuser started an argument. Under section 776.012, justified force depends on the reasonable belief, threat, necessity, and degree of force required by law. Deadly force has stricter requirements. Aggressor restrictions, withdrawal, and any duty-to-retreat or immunity issues require individual analysis. Mutual fighting or protecting property is not a universal defense to domestic-violence charges.

Protect Your Case

• Follow release conditions and injunctions exactly.
• Preserve messages, recordings, photographs, and other relevant material.
• Give witness information to your lawyer; do not pressure witnesses or coordinate accounts.
• Avoid discussing the allegations online or contacting a protected person through someone else.
• Review the actual charge and potential sentence with counsel. Jail, probation, treatment, restitution, and firearm consequences depend on the offense and applicable law.

Contact Valiente Law to review the allegation, orders, and available defenses.

Posted in: Domestic Violence