Proving domestic violence in Florida courts is tough without the right evidence. To win a domestic violence case in Florida, the prosecutor must prove two things: that there was an intention to cause harm, and evidence of actual physical injury. This standard highlights the importance of meticulously scrutinizing the evidence presented, as any shortcomings in challenging it could lead to detrimental consequences for the accused.
If you find yourself facing accusations or charges of domestic violence, it’s normal to feel overwhelmed and uncertain about what lies ahead. With that, you need a dedicated lawyer by your side, and that’s where we at Fletcher & Fletcher step in.
Our team of dedicated Forida-based domestic violence defense attorneys will help you confidently navigate the legal system’s complexities. We’re here to guide you through understanding the specific evidence required and to support you every step of the way with a commitment to defending your rights.
Domestic Violence Cases in Florida
Florida law defines domestic violence as:
“any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” (Fla. Stat. § 741.28)
Domestic violence often brings to mind images of conflict between romantic partners, but it’s important to understand that it extends far beyond just that.
In Florida, the law acknowledges a broader spectrum of relationships where domestic violence can occur. This includes the following:
- Family members
- Children
- Roommates
- Co-parents who are not presently dating or married
- Current or former spouses
- Individuals who are currently romantically involved
- Individuals who were formerly romantically involved
- Current roommates
Types of Evidence in Florida Domestic Violence Cases
As mentioned above, to win a domestic abuse case in Florida, it must be proven that the accused had both the intent to harm and actually caused bodily harm. If only one of these elements is proven in legal proceedings, then the case cannot be won.
Prosecutors will attempt to use various types of evidence to prove these stipulations, and criminal defense attorneys like our team will similarly use evidence to dispute them.
Here are some of the most common types of evidence for Florida domestic violence cases:
- Testimonials and Statements of the Accused, Alleged Victims, and Witnesses Many expect the testimonials of alleged victims to serve as evidence against the accused. However, it’s often overlooked that the accused can sometimes accidentally provide evidence against themselves through misspeaking or when law enforcement misinterprets their words. Additionally, witnesses can offer their testimonies. If children, family members, neighbors, or others witnessed the incident, they can provide valuable insight into the case. Witness testimonies can strengthen a case for either party by corroborating one party’s claims.
- Cell Phone Records Law enforcement and state attorneys’ offices can access data such as text messages, voicemails, emails, banking information, social media posts, and tracking information. They frequently utilize these types of evidence to try to establish intent to harm.
- Security Camera Footage Security camera footage is valuable if the domestic violence incident occurred in public or, in some cases, private settings with security cameras. This visual evidence can confirm or contradict the statements of the accused and the alleged victim.
- Photographic Evidence Photographic evidence is crucial for demonstrating proof of bodily harm. Photos can document physical injuries such as bruises, cuts, or other harm the alleged victim suffered. Pictures taken with a camera phone will also have timestamps, adding to their credibility.
- Medical Evidence Medical evidence is among the strongest ways to prove that bodily harm occurred. Reports from medical professionals document physical injuries, and medical exams can reveal signs of harm that photos and videos cannot capture.
Contact Florida Criminal Defense Attorneys Fletcher & Fletcher Today
At Fletcher & Fletcher, we’re a dedicated husband and wife team, pouring our hearts and careers into defending those who find themselves entangled in the complexities of criminal law.
We understand how overwhelming and confusing legal battles can be, and that’s precisely why we’re here: to walk beside you every step of the way, making sure you’re fully informed and equipped to make the best decisions throughout your case.
If you’re facing challenges related to domestic violence cases wherever you are located in Florida, contact us today to schedule your initial consultation. Let’s start this conversation and work together towards a solution that respects your needs and rights.
