Florida law enforcement officers are often called out to intervene in domestic violence issues. Sometimes, they find themselves visiting the same home over and over when they have two people with volatile tempers living in the same household. Their job is to protect each individual from harm, even if it means arresting and charging someone with domestic battery or enforcing a restraining order.
When emotions run high, it is all too easy for an ordinary argument to turn into a domestic violence situation. In some cases, violence may be directed against another person, such as domestic assault or battery. In other cases, the violence is the result of one individual's anger or frustration over circumstances that have arguably gone too far. In either case, Florida laws are strict concerning individuals who are ultimately found guilty of domestic violence accusations.
Domestic violence charges are taken very seriously by law enforcement officials in Florida. Domestic violence charges can result in going to prison, paying fines and even having restricted or no access to your family.
Being convicted of any criminal wrongdoing can affect your life in a myriad of ways. But being convicted of domestic violence charges can uniquely impact your access to your children, your right to legally carry weapons and even your ability to remain in your own home. For these and a host of other reasons, it is critical that you contact an experienced criminal defense attorney as soon as you have been accused of committing any kind of domestic violence.
The Lautenberg Domestic Violence Gun Confiscation Law states that if a person is convicted of a domestic violence involved misdemeanor, he or she cannot ship, transport, possess, or receive firearms or ammunition, and also adds to the list of "prohibited persons". In this case, a prohibited person can now be a person convicted of a misdemeanor involving domestic violence on their spouse, son, or daughter. A prohibited person can never again own or acquire a firearm of any type, and the only way to alter this law is by either getting their criminal record expunged, or being pardoned of their criminal activity to be able to own or acquire a firearm. The Lautenberg Domestic Confiscation Law was signed into law on September 30, 1996 as part of section 658 in the Treasury Postal portion of the omnibus appropriations bill. Many criminal attorneys and defendants are not aware of this law and unfortunately do not become aware of it until it's too late.
Florida criminal defendants too poor to afford their own representation may soon find themselves represented by counsel not employed as public defenders. When confronted with an overburdened criminal defense system, the Florida Supreme Court recently opted to value the rights of the criminally accused over certain interests of the state’s tax payers. In essence, the court ruled that if a public defenders’ office is too taxed with current client interests to take on additional cases, the state must pay for other qualified representation for indigent criminal defendants.
Judges in two Florida counties are mandating the use of GPS trackers in certain cases they deem to be high-risk. Individuals accused of committing acts of domestic violence in Osceola and Orange counties may be fitted with GPS devices designed to warn those associated with orders of protection in the event that their alleged abuser comes too close.
A Florida judge has dismissed a murder charge against a man who chased and fatally stabbed a car radio thief in Miami's Little Havana area in January. In the wee hours of the night the accused man discovered two people in his truck stealing his car radio. Alarmed, they ran off. Carrying a knife, he chased one of them. When he caught up with the thief, the thief tried to hit him with a bag containing three stolen car radios, weighing about four to six pounds. The radio owner ducked the blow and mortally stabbed the thief.
The Stand your Ground Defense can apply to variety of criminal cases including a simple domestic violence battery charge. The Stand your ground laws in the State of Florida have been a hot topic of discussion over the past couple of weeks related to the high profile case Trayvon Martin. In the Trayvon Martin case, law enforcement is refusing to arrest and charge the shooter, George Zimmerman. Mr. Zimmerman is attempting to apply the Stand Your Ground Laws in order to have immunity for the shooting death of Trayvon Martin. While there is great uproar across the country, it's important to understand the laws in the State of Florida.
A three-judge panel in the First District Court of Appeal has ruled that one single spank does not qualify as domestic violence, and unanimously quashed an injunction for protection against domestic violence issued against a man identified only as G.C.