Table of Contents
- What Is Considered Domestic Violence in Florida?
- What Is the Williams Rule in Florida Domestic Violence Cases?
- How Prosecutors Use the Williams Rule in Domestic Violence Cases
- What Procedures Must Be Followed If the Prosecutor Wants to Use Evidence of Past Incidents Against You?
- How You Can Protect Your Rights With the Reverse Williams Rule
- Get Help from Skilled Palm Beach County Domestic Violence Lawyers
If you're facing domestic violence charges in Palm Beach County, you may be worried about a past incident that the alleged victim could bring up during the investigation. Can prosecutors use that old allegation against you in court, even if it's unrelated to your current charges?
Unfortunately, Florida's Williams Rule sometimes allows exactly that. This legal doctrine creates a significant hurdle for many defendants, which is why it's crucial to have an experienced Palm Beach County domestic violence lawyer protecting your rights.
At the Law Offices of Robert David Malove, our knowledgeable attorneys have extensive experience defending clients against domestic violence accusations in West Palm Beach, Boca Raton, Palm Beach Gardens, Delray Beach, Jupiter, and throughout Palm Beach County. We understand how to challenge improper Williams Rule evidence being used against you and keep irrelevant allegations out of the courtroom.
What Is Considered Domestic Violence in Florida?
In Florida, domestic violence encompasses a wide range of abusive behaviors committed against a family or household member. Florida Statute § 741.28 defines domestic violence as any criminal act by a family or household member that causes another family or household member’s physical injury or death. Household members include spouses, ex-spouses, co-parents, relatives by blood or marriage, and people who currently or formerly lived together as a family.
Common domestic violence charges include sexual battery and assault, kidnapping, false imprisonment, domestic battery, and stalking. Prosecutors can pursue charges even if the alleged victim wants to drop the charges or doesn't want to cooperate.
What Is the Williams Rule in Florida Domestic Violence Cases?
In most criminal trials, evidence about the defendant's character or past actions is inadmissible in Palm Beach County. The reasoning is simple: you should be tried based on your conduct related to the current accusation, not your history.
However, the Williams Rule creates an exception for this in Florida. Under Florida Statute § 90.404, prosecutors can introduce evidence of a defendant's past "crimes, wrongs, or acts" if it's relevant to the current case for reasons other than showing the defendant's general propensity to commit crimes.
How Prosecutors Use the Williams Rule in Domestic Violence Cases
Prosecutors in West Palm Beach, Boca Raton, Delray Beach, and other cities in Palm Beach County often try to use the Williams Rule to bring up a defendant's history in domestic violence cases. Here are ways they might seek to introduce evidence of past incidents in your case to establish:
- Motive. The prosecution may argue that your past actions show a reason for committing the current alleged abuse, such as a desire to control the victim.
- Intent. Prior incidents could be used to prove you intended to harm the victim, rather than an injury occurring by accident.
- Absence of mistake. Similar to proving intent, the state may claim past allegations show a pattern of abuse, not a one-time mistake.
- Identity: If the current accusation involves a unique type of injury or a signature method of abuse, prosecutors could try to introduce past incidents to prove you were the perpetrator.
What Procedures Must Be Followed If the Prosecutor Wants to Use Evidence of Past Incidents Against You?
Just because prosecutors want to use past incidents against you doesn't mean they'll automatically be allowed to do so. The Williams Rule has strict requirements. Before any Williams Rule evidence can be introduced in court, these procedures must be followed:
- The prosecutor must file a notice of intent to use the evidence at least 10 days before trial.
- The notice must specifically describe the past incidents they want to bring up.
- You have the right to request a hearing to challenge the admissibility of the evidence. Our skilled domestic violence defense lawyer can force the state to prove the evidence is admissible.
- The judge will then decide whether it can be used at your domestic violence trial.
How You Can Protect Your Rights With the Reverse Williams Rule
Depending on the facts in your case, our attorneys may be able to use the Reverse Williams Rule as part of our defense strategy to counter the prosecutor’s evidence. This doctrine allows the defense to introduce evidence of someone else committing the same type of crime in a distinctly similar way. For example, suppose the victim accused someone else of domestic violence in the past, and the details closely match their current allegation against you. In that case, that information might be admissible under the Reverse Williams Rule.
Get Help from Skilled Palm Beach County Domestic Violence Lawyers
If you're facing domestic violence accusations in Palm Beach County, you need a strong defense team on your side. Our attorneys at the Law Offices of Robert David Malove have decades of experience protecting clients' rights in these sensitive cases. We know how to challenge improper Williams Rule evidence and keep unrelated allegations from prejudicing the jury against you.
Our domestic violence lawyers will thoroughly investigate the accusations, gather evidence to support your defense, and develop a customized strategy for your unique situation. We'll be your aggressive advocates in the courtroom and your compassionate advisors during this stressful time. With our legal team in your corner, you can feel confident that you have skilled professionals dedicated to achieving the best possible outcome in your case.