Clearwater Domestic Violence Lawyer

Domestic Violence Laws in Florida

The 2024 Florida Statutes, 741.28, defines “domestic violence” not as a specific crime, but as an umbrella term that may include assault, battery, sexual assault, stalking, or other charges involving violence and/or abuse among those who are family members or reside together in the same household. 

This includes people who are (or have been):

• Related by blood or marriage
• Legally married
• Parents of the same child
• Living together as if family

Domestic violence charges are serious offenses that can come with heavy penalties. It is important to secure legal representation of a knowledgeable attorney who will fight to protect your rights.

Defenses Against a Domestic Violence Charge

When you schedule your initial complimentary consultation with our firm, we will discuss the specifics of your case in detail in and effort to build a strong defense that works best for you and your unique situation. 

Below are examples of some common strategies against a domestic violence charge. These defenses are far from exhaustive but can help you understand how we may be able to fight for you: 

• Lack of proof. If there’s no concrete proof tying you to the crime there isn’t much the prosecution can do. This is because defendants cannot be convicted of crimes if the prosecution is unable to reach the required “burden of proof” (or evidence) in a domestic violence case. We have experience in uncovering potential holes in the prosecutor’s argument and can argue there isn’t enough evidence to tie you to the crime in question.
• Intentional false accusation. There are many reasons a defendant may be falsely accused. Perhaps it was a simple misunderstanding, a case of mistaken identity, or to fulfill some personal vendetta. While we always take accusations seriously, we also understand that this is a contentious subject and that there are multiple sides to every story. If you believe you have been falsely accused due to custody, alimony, or another relationship issue, we will help you prove your side of the story.
• Self-defense. Haworth Legal may be able to prove your actions were done out of self-protection if you were in fear for your safety and were forced to fight back. 
• Wrong suspect. Occasionally, people are wrongfully accused of crimes due to a simple case of mistaken identity. If you can demonstrate that you aren’t the person who has committed the offense, your charges may be dropped. Proving as much will likely require an alibi which may include witness testimony and procuring other evidence that you were not in the vicinity of the crime when it occurred.