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Presumption of Innocence: Asserting Strong Legal Defenses in Domestic Violence Cases

Domestic violence is a pervasive and deeply troubling issue that affects individuals and families across all walks of life. It is a behavior pattern in a relationship used to maintain power and control over another person, committed by a family or household member. It includes current or former spouses and domestic partners, persons related by blood or marriage, persons cohabitating, or parents of a child. The abuse is physical, sexual, emotional, economic, or psychological and is used to humiliate, injure, frighten, or manipulate another. An allegation of domestic violence is a criminal offense, and a conviction carries harsh penalties.

How We Defend the Accused

In the face of such a distressing reality, the role of a skilled criminal defense attorney becomes crucial in providing support and guidance to those entangled in domestic violence cases. At The Law Office of David A. Webster, P.A., we have a compassionate and non-judgmental approach, ensuring the rights and well-being of our clients are protected throughout the legal process. With thirty-plus years of collective experience, we understand that family dynamics are complicated in domestic violence cases and often intertwined with alcohol and drug addictions. We offer exceptional counsel on navigating the complex legal system, explaining the available options, and crafting a strong defense strategy tailored to the unique circumstances of each case.

The Legal Process in Response to Domestic Violence Allegations

To initiate a domestic violence injunction, an alleged victim files a petition with the court with detailed information about the abuse and the reasons for seeking protection. After reviewing the petition, a judge determines if evidence of imminent danger exists. If so, a temporary injunction is issued until an evidentiary hearing is scheduled. A temporary injunction offers a victim immediate protection from an alleged abuser. A copy of the petition, a notice of hearing, and the temporary injunction are served to the alleged perpetrator.

 At a later hearing, both parties testify, bringing witnesses and evidence for a judge to review. Evidence can include pictures, phone records, text messages, or other incriminating information. The judge orders a final injunction if he believes a victim is in danger. The injunction may or may not have an expiration date. It can be modified or terminated at a future court appearance.

Potential Consequences of a Conviction:

  • Being ordered to leave the residence
  • Ceasing contact with the victim
  • Discontinuing visits or having limited or supervised visitation of your children
  • Providing temporary or permanent child support or spousal support
  • Attending counseling or a batterer’s intervention program
  • Paying attorney’s fees for both parties
  • Court-ordered community service
  • Surrendering guns or ammunition to law enforcement
  • Jail time, fines, or imprisonment, depending on the severity of the crime
  • Collateral effects on your personal life and career
  • Having a permanent criminal record

A Sampling of Legal Defense Options to Empower the Accused:

  • Self-defense, wherein the accused argues that they acted in response to the alleged victim’s immediate threat or harm
  • Mistaken identity can be asserted if there is reasonable doubt regarding the perpetrator’s identity
  • Lack of evidence, a strategy used to challenge the prosecution’s case by questioning the credibility or reliability of the evidence
  • False accusations or fabricated evidence, highlighting potential or ulterior motives behind the allegations
  • The absence of intent or knowledge, asserting that the actions were accidental or unintentional

Each case is unique, and our skilled attorneys thoroughly analyze every case to determine the most appropriate defense strategy, working diligently to protect the rights and interests of our client.

Fighting for Justice with Insightful Counsel

At The Law Office of David A. Webster, P.A., we understand the immense impact that domestic violence allegations can have on individuals and families. We believe in the importance of the presumption of innocence, protecting our client’s rights, and meticulously examining every aspect of the case to build a strong defense strategy. With our unwavering support and commitment to justice, we stand by our clients throughout the legal process, fighting tirelessly to secure the best possible outcome.

 If you or a loved one is facing domestic violence charges, contact The Law Office of David A. Webster, P.A., at (407) 862-9222 to schedule a free, confidential consultation at our Longwood, Florida, office. Let us guide you toward a brighter future. We represent clients in Seminole County, Orange County, and Volusia County, Florida.

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