Domestic Violence in Criminal and Civil Court
Shocking and disturbing domestic violence statistics often appear in media reports. Most of these statistics are true and accurate. Many women are very vulnerable, for various reasons. Here’s a shocking and disturbing statistic not often reported. Up to 35 percent of domestic violence allegations are exaggerated or fabricated. Some alleged victims are tattlers who want to get defendants in trouble. Other alleged victims want an advantage in a civil proceeding, usually a divorce or child custody matter.
Domestic violence allegations have repercussions in both criminal and civil court. These allegations also have significant collateral consequences. A Tampa criminal defense lawyer thoroughly reviews these cases and identifies all possible defenses. Then, an attorney collects evidence to support those defenses while eroding the state’s proof. Then, when the matter goes to court, an attorney isn’t satisfied with anything less than the best possible results under the circumstances.
Criminal Court
Police officers respond to tens of thousands of domestic disturbance calls every year, most of which result in arrests. The criminal cases fall into one of three categories:
- Assault by Contact: Usually, ABC isn’t an arrestable offense. So, instead of a court case, it’s usually a bargaining chip during pretrial settlement negotiations (a/k/a plea bargaining). Basically, ABC is a harmful or offensive touch that causes no physical injury of any kind.
- Ordinary Assault: Almost all domestic assaults are Class A misdemeanor ordinary assault cases, which is basically assault with bodily injury. That bodily injury could be anything, including a bruise or a red spot. However, the lesser the degree of injury, the easier it is for a Tampa criminal defense lawyer to create reasonable doubt as to intent. Sometimes, people really do walk into doors.
- Aggravated Assault: Usually, aggravated assault is hurting someone so badly that the alleged victim requires emergency care. Aggravated assault charges could also hold up in court if the defendant allegedly used any weapon, such as a golf club or baseball bat, regardless of the degree of injury.
Right from the start, domestic violence criminal cases usually have evidence issues. Frequently, alleged victims call the police so the other person gets in trouble. Nosy neighbors often call the police because they’re, well, nosy neighbors.
These evidence issues continue with the case in chief. Frequently, the alleged victim had been drinking or was otherwise under the influence of a substance. Furthermore, as mentioned above, alleged victims occasionally have hidden agendas.
Self-defense might be available in these cases, if the defendant used a proportionate amount of force to counter an imminent threat. Verbal threats, regardless of their intensity, don’t count.
Civil Court
Most police departments have mandatory arrest policies. Police must identify the aggressor and take that person to jail. Most law enforcement departments also have mandatory civil information policies. Officers must give alleged victims information about the restraining order process.
A judge could issue a temporary protective order ex parte (without a hearing), based solely on the alleged victim’s affidavit.
Whether the judge grants or denies this request, a full hearing usually follows in civil court. The alleged victims must only establish facts by a preponderance of the evidence (more likely than not). So, lack of evidence usually isn’t a viable defense in civil cases.
Generally, a Tampa criminal defense lawyer settles protective orders out of court. This out-of-court settlement usually includes a consent decree, a court order that has the same provisions as a protective order, but doesn’t have the same stigma.
Work With a Tough-Minded Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.
