When you are married or in an intimate relationship with another person, it is natural to come into conflict with each other from time to time. Unfortunately, sometimes emotions run high, and what started as an argument spirals out of control, and becomes physical. If it reaches the point that the police get involved, one person may be facing charges.
If this has happened to you, get help from a Fort Pierce domestic violence lawyer at The Law Offices of Robert David Malove. Our team of local criminal defense attorneys has over 100 years of combined experience with all types of criminal cases and could provide you with advice and guidance towards a reasonable resolution for your charges.
What is Intimate Partner Violence In the State of Florida?
Violent crimes are those actions that cause physical harm to another person. These include things like assault, battery, and rape. According to Florida Statutes § 741.28, domestic violence is when someone commits a violent crime against another household member, which also includes stalking and kidnapping.
A household member, under the same law, could be a spouse, a former spouse, anybody residing together in the same home, and parents who have a child in common, regardless of whether or not they have been married.
Although many situations where the Fort Pierce police get involved are fights between two family members, the potential punishments could be severe, which is where a domestic violence defense attorney comes into play. With knowledgeable legal counsel, you can challenge the charges in a way that could be the difference between a fair outcome and serious consequences.
How The Legal System Handles Domestic Violence
If the police arrive at the scene and have a probable cause to believe that an act of violence has occurred against one of the household members, such as visible injuries, then they must make an arrest. This is the moment the criminal justice process begins. While this may seem unfair, the goal is to protect victims from being left alone in a dangerous situation. Still, not every situation needs to end in an arrest, but it means the alleged offender needs to deal with the aftermath.
Obtaining a lawyer experienced with these kind of household violence cases in Fort Pierce is essential because they know how to navigate through the system. First, like any other criminal case, the accused is assumed innocent until proven guilty, and the burden of this proof is on the prosecutor. They must produce sufficient evidence of the violent act for the court to pass any sentence.
This leaves an opening for possible defenses, and one of the most common is self-defense. This is where the arrested partner had to take action to protect either themselves or someone else, but the police often do not know this side of the story or consider the full context when making an arrest. In other cases, if the alleged victim’s story is inconsistent or they refuse to cooperate with the prosecution, that could also open the door to get the charges reduced or even dismissed.
Contact an Attorney If You Have Been Arrested for Domestic Violence in Fort Pierce
Even when it is just a fight gone too far, being charged with a crime could have lifetime repercussions. A Fort Pierce domestic violence lawyer from The Law Offices of Robert David Malove could review your situation and determine the best course of action.
If you find yourself in the back of a police car, do not hesitate to get legal help. Call The Law Offices of Robert David Malove to speak with one of our attorneys.