The Wrong Person May be Named in Domestic Violence Cases

This month is domestic violence awareness month. It is a time when Florida clerks of court are ready to act as a resource for anyone in the state who wishes to be protected from this type of violence. It is a time also to highlight and remind the state’s citizens how alarming domestic violence statistics are. The Florida Department of Law Enforcement has identified in the last 12 months at least 106,000 incidences of domestic violence. In Polk County alone, the agency reported that there were about 4,900 offenses that were related to domestic violence.

These are not the only statistics, as in the same county there were 3,800 injunctions filed with the County Clerk’s office from victims of domestic, sexual and dating violence who were seeking protection from their assailants. Stalking attracted 1,300 injunctions for protection. Most of these cases are quite genuine, but with so many emotions involved partners get accused of violent acts they didn’t do and may need an experienced Miami domestic violence defense lawyer like to ensure they don’t get wrongfully convicted.

Domestic violence is one of those acts that takes place in our state that is not only difficult to identify but its incidence is primarily dependent on the victim filing a report with law enforcement agencies, coupled with any evidence. For any conviction to stand up in court some sort of indication of the violence would need to be present. This would mean harm other than psychological would have to be proved, such as bodily injuries. Once these have been revealed it would be necessary to find the proof of who inflicted the violence.

Domestic violence differs from other physical crimes against the person as violent acts such as beating, raping and tearing the skin of the victim often take place behind closed doors where witnesses are not present. Often though, victims who get emotionally charged will not tell the full truth and even intentionally name the wrong person. Others may exaggerate, fabricate and lie against a defendant they are upset at due to unfaithfulness or other resons. This means the accused will have to seek help from an experienced Florida domestic violence defense attorney to clear his or her name. Miami Criminal Lawyer Albert Quirantes can provide help to the accused or the accuser in a Domestic Violence Case.

There is often much at stake when it comes to a victim of domestic violence reporting an injury when the perpetrator might be an important family breadwinner. Women in particular often put up with more than they should and are prepared to endure the effects of a violent partner as long as food is on the table and the rent is paid. Some that do complain to the police exaggerate the amount of violence and the alleged perpetrator may face a prison term or a large fine for something he or she didn’t do. Justice will have to be sought through help from a Miami domestic violence defense lawyer such as Albert Quirantes, who will make sure the facts are uncovered.

We have the freedom to choose the types of people we share our lives with, but genuine domestic violence is not accepted by our legal system and there are legal ways that victims can ensure they are free of violence.

Victims can file a petition to the court called an “injunction for protection”. This is a legal way of ensuring the person who has been committing violent acts, whether sexual or not, or even stalking the victim, is told they cannot have access to the victim and if the injunction is broken they will be dealt with by the courts. Injunctions may order the person to keep away from the victim’s residence and place of work and may also include a ban on phoning, emailing or writing to the victim.

The state of Florida has some tough penalties against perpetrators of domestic violence, whether it is rape also known as sexual battery, aggravated assault or other types of actions that has caused injury to the victim. If you have been accused of sexual battery, strangulation, stalking or any act of domestic violence a Florida domestic violence criminal defense lawyer Albert Quirantes will be there to defend you and seek justice on your behalf.

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If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: 305-644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.