Domestic violence is a severe crime in Florida that carries significant penalties, including long jail sentences, steep fines, and the possibility of losing custody of your children. If you face false accusations of domestic violence in Panama City or elsewhere in Florida, it’s essential to know how to defend yourself.
Definition of Domestic Violence in Florida
Florida law defines domestic violence as any offense resulting in physical injury or death to someone in your family or household. Acts covered under Florida’s domestic violence statute include assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, and false imprisonment.
Under Florida law, family or household members include spouses, former spouses, individuals related by blood or marriage, individuals currently or previously residing together as a family, and parents who share a child, regardless of marital status. Except for co-parents, these individuals must have lived together in the same dwelling for the domestic violence statute to apply.
Potential Defenses Against False Domestic Violence Allegations in Florida
An experienced domestic violence defense attorney can evaluate your case to find the best strategy for fighting false allegations. Some potential defense strategies in domestic violence cases include:
- Lack of Evidence – One defense strategy in Florida domestic violence cases is to argue that there is insufficient evidence to prove the accusations beyond a reasonable doubt. Your attorney can highlight the absence of physical injuries, corroborating witnesses, or other evidence supporting the allegations.
- Self-Defense – Another possible defense strategy is to show that any physical contact occurred to protect yourself from imminent harm. This defense involves providing evidence, such as your physical injuries or witness statements, to show that you acted in self-defense.
- Alibi Defense – One effective defense in domestic violence cases is to present evidence that you were not at the location where the alleged incident occurred. This evidence can include surveillance footage, receipts, or testimony from others.
- Contradictions in the Accuser’s Statements – Highlighting inconsistencies in the accuser’s story can be an effective defense in domestic violence cases. By comparing their statements to police reports, testimony, or other evidence, a skilled defense lawyer can undermine the accuser’s credibility.
- Motive to Fabricate – Showing that the accuser has a reason to make false allegations, such as gaining an advantage in a custody battle or making allegations in retaliation for a perceived wrong, can be a strong defense in domestic violence cases. Evidence like text messages, emails, or prior disputes can support this defense.
- Improper Police Procedures – Finally, challenging the legality of the arrest or investigation can undermine a domestic violence case. The key here is to show that law enforcement violated your rights or standard protocols, such as failing to collect adequate evidence or unlawfully obtaining statements against you.
What To Do If You Face Domestic Violence Charges in Panama City
Acting quickly and taking the right steps to protect yourself is crucial if you’re falsely accused of domestic violence in Panama City. Here’s what to do to protect yourself:
- Contact a Criminal Defense Attorney Immediately – Speak with a qualified attorney as soon as possible. They can review your case, explain your rights, and develop a strategy to protect your freedom and reputation.
- Avoid Contact with the Accuser – Respect any restraining orders or no-contact directives issued by the court. Even accidental contact could lead to additional charges or penalties.
- Gather Evidence and Witnesses – Collect documents, messages, photos, or other evidence that supports your defense. Identify witnesses who can testify on your behalf or provide context to the accusations.
- Comply With Court Orders – Attend all hearings and follow court instructions closely. Failure to comply can result in additional penalties or hurt your case.
- Refrain From Discussing Your Case Publicly – Avoid posting on social media or discussing your charges with others. Remember that the police or prosecutors can use anything you say against you in court. Share details only with your attorney.
Get the Legal Help You Deserve
Our Panama City domestic violence defense lawyers can help you find the best way to contest your charges. Call The Sombathy Law Firm now or complete our online contact form for a confidential consultation.
