Domestic Violence

Domestic Violence

Domestic Violence Criminal Defense Lawyer Fort Lauderdale

      Fort Lauderdale domestic violence attorney Antonio D Quinn, Esq. represents individuals who are being charged with domestic assault, battery and other crimes against family members.  In Broward and Palm beach counties police officers are trained to "err on the side of caution" when it comes to cases of domestic violence.  This means that the police are instructed to make an arrest rather than to take a chance of a repeat occurrence of the alleged domestic violence.  As a consequence of this, police officers are more likely to make an arrest based upon insufficient evidence than with other types of crimes and the party who was not the aggressor is frequently arrested. 

      It is normal for every household to have its share of problems between those who live together, but when the police become involved, disputes between husbands and wives, brothers and sisters and fights with roommates can land a person in domestic violence court facing serious consequences.  Fort Lauderdale domestic violence defense lawyer Antonio D. Quinn, Esq. represents those accused of domestic crimes against spouses, children, parents and other household members.  The State Attorney will be in contact with the alleged victim and will present their case to the court.  If you have been arrested for domestic violence it is essential that you have an experienced domestic violence attorney in your corner who can present your side of the story.   Call Quinn Law, P.A. today for aggressive domestic violence defense.

           Call Now (954) 463-0440

        Toll Free (844) ADQ-LAW4

What to expect if you are arrested for a crime of domestic violence in Florida

Florida Law requires that all people who are arrested for a crime of domestic violence must be held in jail overnight.  After that a bond hearing is held which determines the person's custody status and/or conditions of release.  The court will always impose a "stay away" order which will prevent the person who was arrested from having any contact with the alleged victim in the case.  If you are arrested for domestic violence in Florida, it is of the utmost importance to have an experienced and aggressive domestic violence defense lawyer by your side throughout the legal process to ensure that the conditions of release are reasonable and that your rights are protected.

Domestic Violence Crimes in Florida

What if the victim does not wish to press charges in a domestic violence case?

  • Unfortunately, once someone has been arrested for a crime of domestic violence, the decision of whether or not to move forward with filing formal charges lies completely with the State Attorney's Office.  The State Attorney's office will interview the alleged victim and the wished of the that person are taken into account, but if the prosecutor feels that they have enough evidence to move forward without the victim's cooperation, they are free to do so even if the alleged victim of the domestic violence does not want them to.
  • In domestic violence cases, it can make a world of difference to have a defense attorney interject on a defendant's behalf immediately after the arrest occurs.  When attorney Antonio D. Quinn takes on a domestic violence case, the first thing that his office does is to contact the prosecutor who is assigned the case in order to provide his client's side of the story to the person who is in charge of making the ultimate filing determination in the case.  The chances of the charges being dropped in your case are infinitely greater if you retain an experienced domestic violence attorney as soon as possible after you are arrested.
  • Waiver of Prosecution Affidavit:  If an alleged victim of domestic violence does not want to move forward with the case, the defendant's attorney can provide them with a waiver of prosecution affidavit which is a sworn document essentially letting the prosecutor's office know that for whatever reason, the alleged victim does not want to move forward or aid in the prosecution of the defendant.  A waiver of prosecution does not guarantee that the State Attorney will not file formal charges, but it can be very useful in influencing their decision regarding whether to move forward or drop the case. 

 

In order for a crime to be classified as "domestic violence", both the victim and the suspect must be considered family or household members.  In Florida, the following are considered domestic relationships:

  • Spouse
  • Former Spouse
  • Persons related by blood
  • Persons who are currently or formerly cohabited "as if family"
  • Persons who have a child in common regardless of marriage

Domestic violence crimes include:

  • assault and aggravated assault
  • battery and aggravated battery
  • sexual assault
  • sexual battery (rape)
  • stalking and aggravated stalking
  • false imprisonment and kidnapping
  • any criminal offense resulting in physical injury or death
  • Domestic Battery by Strangulation

Police Investigations of Domestic Violence Crimes in Florida

Police officers are not required to have the cooperation of the victim in domestic violence cases.  There merely has to be an indication that without police intervention that there would be a likelihood of continued violence.  Oftentimes law enforcement are unable to obtain statements of the victim yet still make an arrest anyway.  Criminal defense attorney Antonio D. Quinn will provide you with the aggressive representation which you need achieve a successful result in your case.  Attorney Quinn will use a lack of evidence or the  non-cooperation of the victim in order to get your domestic violence case reduced or dismissed in many cases.  To schedule a case evaluation with one of South Florida's most respected criminal defense lawyers contact Quinn Law P.A. at (954) 729-7770.






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