Is mental health a defense to domestic violence charges?

When you're facing domestic violence charges in Palm Beach County, your mental health may feel like the last thing on your mind. But certain documented conditions could actually provide a legal defense against the allegations. 

At the Law Offices of Robert David Malove, our experienced Palm Beach County domestic violence lawyers have defended clients with mental health conditions charged with domestic violence in West Palm Beach, Boca Raton, Palm Beach Gardens, Delray Beach, Jupiter, and other communities in Palm Beach County for decades. Here, we explain how we can use your mental health issues as a defense in your domestic violence criminal case to fight the charges you face.

What Is Domestic Violence in Palm Beach County?

Under Florida Statute § 741.28, domestic violence encompasses various violent or threatening acts committed against a family or household member. These acts can include assault, battery, domestic battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death. Domestic violence situations often involve spouses, former spouses, persons related by blood or marriage, people who currently or previously lived together as a family, and co-parents of a child.

You face harsh punishments that include a lengthy prison sentence and hefty fines if convicted of domestic violence in Florida. Additionally, you risk long-term consequences in your life, such as the loss of child custody rights.

What Mental Health Conditions May Provide a Domestic Violence Defense?

While there's no one-size-fits-all answer, some mental health issues that may support a domestic violence defense include:

• Anxiety disorders. Conditions like generalized anxiety disorder or panic disorder can cause erratic behavior that gets misinterpreted as abusive.
• Mood disorders. Bipolar disorder or major depression may lead to intense emotions or impulsivity that factor into domestic disputes.
• Post-traumatic stress disorder (PTSD). Trauma reactions from PTSD can be unpredictable and inadvertently threatening to loved ones, no matter how hard you try to control your response.

How Should You Document Your Mental Health to Support Your Legal Defense?

The key is showing your diagnosis predated the alleged domestic violence incident. Our skilled domestic violence lawyers will help you gather medical records and expert testimony to bolster your case. Our legal team recommends you take the following steps to document your mental health condition: 

• Obtain an official diagnosis. A licensed psychiatrist or psychologist should evaluate your symptoms and provide a formal diagnosis.
• Follow your treatment plan. Attending therapy sessions and taking prescribed medication demonstrates you're actively managing your condition.
• Keep a symptom journal. Tracking your mental health symptoms, triggers, and coping strategies creates a helpful record for your defense.

Mental health defenses don't justify or excuse domestic violence. But they can add essential context when evaluating intent and culpability in complex family situations.

How to Build a Strong Mental Health-Based Domestic Violence Defense

Developing a strong defense strategy that incorporates mental health factors requires a multi-faceted approach. Our domestic violence attorneys might use mental health evaluations throughout the legal process to support your defense. Here are ways this defense strategy could help you get the charges dropped or reduced to a less severe offense.

Pre-Trial Strategies

While building a solid defense for you, our attorneys may use your mental health conditions to resolve your criminal case with the prosecutor. Here are a few options that could help you:

• Negotiate with prosecutors. Our lawyers can use your mental health conditions to provide context that could reduce your culpability. We can also demonstrate your willingness to enter a treatment program to address your underlying condition, which could help us persuade the prosecutor to offer you a favorable plea bargain.  
• Access pretrial diversion programs. Depending on your specific situation, our attorneys will explore your eligibility for Mental Health Court programs (available in many Florida counties), such as a diversion program under Florida Statute § 948.08.

Trial Strategies

Our skilled domestic violence lawyers know that you could have strong defenses to the charges you face, even if you’re guilty. Here are a few effective defense strategies we may use in your defense. 

• Challenge intent elements. Many domestic violence charges require showing that you had a specific mental state. We'll assess whether evidence of dissociative episodes, medication side effects, trauma reactions, or cognitive impairments could refute those intent elements in your case.
• Challenge evidence. We may use mental health evaluations to suppress statements you made while in psychological distress or to question the reliability of witness testimony against you. If crucial evidence against you is suppressed or proven unreliable, the prosecutor may not be able to meet their burden of proof to convict you.
• Support self-defense claims. If you acted in self-defense, we can use mental health evaluations to show how prior trauma heightened your perceived threats, PTSD triggered defensive responses, or your condition affected your perception of danger and the force necessary to protect yourself.
• Leverage expert testimony. We can call on mental health professionals to explain to the judge and jury how your specific condition may have impacted your perception, behavior, and intent during the alleged incident. They can also help challenge the prosecution's arguments and humanize you to the judge and jury.

Let Our Palm Beach County Domestic Violence Lawyers Defend You

At the Law Offices of Robert David Malove, we know that dealing with criminal charges is always stressful—but it's even more overwhelming when mental health plays a role. Our skilled attorneys have extensive experience handling domestic violence cases complicated by mental health concerns. We understand the nuances of Florida's laws and the most effective strategies for protecting your rights and freedoms.

When you work with our firm, we'll thoroughly investigate the unique circumstances surrounding your charges. Our team will gather pertinent mental health records, work with expert witnesses, and build a compelling case on your behalf. We'll also explore all opportunities for dismissal, pretrial diversion, or reduced charges while ensuring your specific mental health needs are appropriately addressed. Our goal is to help you achieve the best possible outcome in your criminal case.