If you are facing a domestic violence charge in Florida, you need to understand what it takes to prove the case against you. This requires understanding the law and how domestic violence is defined.
According to the Florida Courts, the first part of the domestic violence law is that you and the person accusing you must be related or live in the same household. The second part is that you must have committed some type of assault or battery or intimidated the person in some way. Specific crimes that can be considered domestic violence include kidnapping, stalking, battery, sexual assault or assault. Any crimes that cause physical harm or death are also included under this definition.
When deciding your case, the court considers many different factors. These may include your past record concerning violent acts, any threats you may have made to the other person and any history of violent behavior. In addition, the court may consider any destructive behavior, such as destroying personal belongings.
To rule on domestic violence cases, the court must have sufficient evidence that you committed a violent act towards the other person. If the evidence does not support the claim and the court finds no reason to believe that you are a danger to the other person, then you likely will not be found guilty. You also need to remember that the burden of proof always falls on the prosecution, not you. In other words, they must prove your guilt. You do not have to prove your innocence. This information is for education and is not legal advice.
