Domestic violence is a common problem in the United States. It comprises child abuse, intimate partner abuse, or elder abuse. Every year, 10 million people are affected by this problem. Domestic violence can take many forms, including physical, emotional, and psychological abuse. So if you’re a victim of domestic abuse, you’ll need a domestic violence lawyer in Clearwater to guide you with what you need to do next.
Fortunately, Smith & Eulo has handled countless domestic abuse cases for many years. With their expert legal counsel, they can help you find the best solution to ensure that you and your family will never suffer at the hands of your abuser again. It’s one of the primary tasks of an excellent domestic violence defense lawyer in Clearwater.
Domestic Abuse in Simpler Terms
Domestic violence is a criminal offense you can file against another person, usually someone in your family. It’s when they committed an aggravated assault, assault, sexual assault, aggravated battery, battery, sexual battery, stalking, false imprisonment, aggravated stalking, kidnapping — or other criminal offense that resulted in a physical injury of a household or family member by another family or household member.
The household or family member may be one of the following:
- Former spouse
- A person you’re related to by blood or marriage
- A person that’s residing with you as if a family or has lived with you as a family in the past
- Parents of a child, regardless if you were married or not
If you’re in immediate danger of being a victim of domestic abuse, don’t hesitate to contact 911 immediately. After that, look for a Clearwater domestic violence lawyer to help you escape the situation safely.
Filing an Injunction Against the Abuser
If you’re a victim of domestic violence, the first thing you must do is file an injunction against them. In Clearwater, FL, the courts can grant an injunction order due to domestic violence, dating violence, sexual violence, stalking, and repeat violence.
An injunction is a way to protect yourself from the abuser as they’re legally ordered to stay away from you and the other household members. It’s a legal document that prohibits them from contacting, following, or bothering you. So they’re not allowed to go anywhere near your home, workplace, car, or other places they’re most vulnerable. If you need to file an injunction against someone, we can help you. Call us now.
What if You Have Been Accused of Domestic Violence?
There are instances where a person is accused of domestic violence, even though it isn’t true. Sometimes, it comes to a point where they receive an injunction. A defense lawyer is necessary since injunctions will go on your record and potentially destroy your future.
If you receive an injunction and don’t hire a lawyer to fight it, it can prevent you from being with your child or other family members. It will also affect the outcome of your disputes with your spouse regarding child custody. So the best course of action is to work with an attorney who will help prove that the accusations against you aren’t true.
Here are some things you must remember:
- Remain calm: You must remain calm, especially once the officer determines probable cause for them to arrest you. It’s within their jurisdiction to arrest you once they suspect you of the appropriate crime.
- Comply with the conditions of your release: Once you’re released on bail, the court will more than likely order a no-contact, which prevents you from contacting the alleged victim. You must follow these restrictions to avoid escalating the issue and committing a first-degree misdemeanor. It’s punishable by one year of jail time or probation and up to $1,000 in fines.
- Hire an attorney: There are numerous ways for your voice to go unheard, so you must look for a reliable defense attorney who can help prove that you’re not an abuser and are falsely accused of domestic violence.
Circumstances of false accusations and charges against domestic violence
False accusations and charges of domestic violence can have devastating effects on the accused. Not only does it damage the reputation of the accused, but it can also destroy relationships between family members and loved ones. Unfortunately, these false accusations are all too common in our society today.
One example is when an ex-partner or spouse makes false accusations to gain leverage in a custody battle or divorce proceeding. This type of accusation is often used as a way to get revenge against their former partner by damaging their credibility and reputation. In many cases, this tactic will backfire because any court proceedings will focus on facts rather than hearsay.
In some instances, a person may be falsely accused of domestic violence due to misunderstandings or miscommunication. This could be as simple as a heated argument that is misinterpreted as physical abuse or a misunderstanding between family members that leads to an accusation of domestic violence.
It’s important to remember that false accusations can have serious consequences and should not be taken lightly. If you believe you are falsely accused of domestic violence, seeking legal advice from a domestic violence lawyer defense attorney in Clearwater to protect your rights and interests is essential. Only then will you be able to prove your innocence and fight for justice.
Possible defenses for the dismissal of false charges of domestic violence
When someone is falsely accused of domestic violence, they may be able to use several defenses to combat the charges. Some of these strategies include claiming false accusations were made maliciously, claiming self-defense or defense of others, or challenging the evidence used against them.
- Malicious Accusations: If a person can prove that the accuser had an ulterior motive, such as revenge or personal gain, it could demonstrate that their claims are not credible. This type of defense requires proof that the accuser had the intention to harm and was not simply mistaken about what happened.
- Self-Defense/Defense Of Others: In some cases, people accused of domestic violence may have acted in self-defense or to protect another person. In these instances, it may be possible to dismiss the charges by demonstrating that the accused was not the aggressor and was only trying to protect themselves or someone else from imminent harm.
- Challenging Evidence: Many domestic violence cases rely on evidence such as eyewitness accounts, physical evidence, recordings, etc. If any of this evidence is questionable or can be successfully challenged in court, then it may be possible to have the charges dismissed due to a lack of sufficient proof.
Look for an Attorney that will Guide You Through this Difficult Time
If you find yourself being a domestic abuse victim or being accused of being an abuser, it’s time to hire the help of a skilled lawyer. They will form a solid case to give you the best outcome with your best interests in mind.
At Smith & Eulo, you’ll find experts who can give you sound legal advice. So if you need any help, don’t hesitate to contact us today. We’ll study your case immediately.