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The short answer to this question is yes—any action can be misconstrued by law enforcement or prosecutors, especially when an estranged or former spouse makes an accusation. Florida allows for corporal punishment of children, but the law is left open to interpretation to some degree. If you have been accused of domestic or family violence for disciplining your child, your first move should be to call a defense attorney. You may be confident that you didn’t cross a line with your child, but that doesn’t mean the state will agree. Domestic violence defense attorney Daniel Izquierdo will fight for your right to discipline your child appropriately without facing criminal charges.

What Does Florida Law Say About Appropriate Discipline?

In defining child abuse, Florida statute 39.01(2) states, “Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.” The key phrase here is “harm to the child.” This is where interpretation can play a role. Florida law defines harm as “physical, mental, or emotional injury,” so even if your child’s spanking did not cause physical injury, you could be accused of causing a mental or emotional injury. Generally speaking, corporal punishment should be limited to using the hand to spank the buttocks and should not cause any of the following:

• Bruises
• Lacerations
• Sprains or dislocations
• Fractures
• Scalds or burns
• Internal hemorrhage
• Scarring or disfigurement
• Emotional effects such as fear, anxiety, or withdrawal

In Florida, domestic violence is defined as “assault, aggravated assault, battery, aggravated battery…or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” It’s easy to see how corporal punishment of a child could be seen as abuse or domestic violence. Slapping, punching, shoving, or grabbing a child—even a teenager—could be charged as abuse.

Have You Been Accused Of Domestic Violence In Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report “He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida“.  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

You may be thinking that if the alleged victim in your domestic violence case doesn’t want to press charges (or prosecute) that you’ll be in the clear.  That is a very common misconception in domestic battery cases and one that could put you at risk of severe and long-lasting consequences.  See, once a battery case enters the domestic violence division, it is up to the State Attorney’s Office whether to pursue criminal charges.  Meaning it’s the prosecutor and not the alleged victim that decides what happens to the case once an arrest has been made.

In Miami, the State Attorney’s Office is very aggressive in pursuing domestic violence charges in criminal court with or without a victim.  One can see that if a victim is not cooperating it could very well mean that they have no interest in pressing charges or having the case prosecuted.  It could also mean that the incident was blown out of proportion and things may not have transpired the way they were initially reported. Or the parties have reconciled now that everyone has calmed down.

However, from a policy standpoint the prosecutor is cautious as it could also mean that the victim is scared to cooperate by helping them move the case forward or, even worse, is being threatened or intimidated by the defendant to “drop the charges.”

Victim’s Influence

Even though the prosecutor is the one that files charges and decides whether to dismiss a battery case, the victim does still have an impact on the case.  In domestic violence cases the prosecutor will attempt to contact the victim in order to get a statement from them and also to discuss how the victim would like the case to be resolved.

Common sense would tell you that it is more difficult for the State to prove its case and move forward if the victim is not cooperating than if the victim is 100% on board.  However, many domestic violence cases can go from bad to worse because of the mistaken belief that all will be fine simply because the victim is “not pressing charges.” Prosecutors can go forward with or without a victim and oftentimes continue to push cases where other evidence (i.e. reports, statements, 911 calls or photographs) supports the charge. Meaning that a victim’s lack of cooperation does not mean that the State will drop the charges against you.

What Should You Do?

First, you SHOULD NOT try to contact (or influence) the alleged victim in any way.  Your Stay Away Order prohibits you from not only coming within 500 feet of their residence, job, school, etc. but it also prevents you from having any type of contact (direct or indirect).  Contacting the alleged victim could lead to your bond being revoked and being thrown in jail.  It can also bring more criminal charges such as violating an injunction or no contact order or witness tampering.

If you are charged with domestic violence and you have a reason to believe that the alleged victim does not want to prosecute, press charges or cooperate with the prosecutor, consult an attorney.  An experienced criminal defense lawyer in Miami will be able to handle this on your behalf and knows how to proceed when the victim doesn’t want to.

If you have questions about your Domestic Violence charge and would like more information, you can download a FREE copy of Daniel Izquierdo’s special report, He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case in Florida from our website.  If you are here today because you feel frustrated about a domestic violence battery charge and it is disrupting your life, we should talk.  You can also contact us to set up a Free 4-Point Case Evaluation and Defense Strategy Session with me.

Have You Been Accused Of Domestic Violence In Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

When facing criminal charges, choose a law firm trusted and recognized as Miami-Dade Favorites for Criminal Defense 2024.

I also recommend that you download a free copy of our special report “He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida“.  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

As with any criminal charge, it will be up to the prosecutor in a domestic violence case to prove in court that a crime was committed and that the defendant is guilty. They do this by presenting evidence. If your partner has accused you of domestic violence, you may believe that there could not be evidence that proves your guilt. However, you might be surprised by what the state presents at trial.

What the State of Florida Will Have to Prove to Convict You

In order to prove a domestic battery case, the state will have to provide evidence that shows one of the following:

• The defendant actually and intentionally touched or struck another person against the will of the other.
• The defendant intentionally caused bodily harm to another person.

Photographic and medical evidence that the accuser was injured is not enough to prove that the defendant caused the injuries and did so intentionally. The prosecutor will have to present evidence that corroborates the accuser’s story and establishes intent.

Evidence That May Be Used to Prove Your Guilt

You might be confident that no such evidence exists, but prosecutors are very resourceful when it comes to gathering evidence to support a domestic violence charge. A key piece of evidence will be the accuser’s statements and testimony in court but, even if the accuser has changed his or her mind about testifying, the state may still have enough evidence to convict you. Potential sources of evidence include:

Cell Phone Records

Tech experts can pull text messages, voicemail messages, and emails from your cell phone and computer. If any of the communication can be viewed as threatening or angry, this could establish a motive for the alleged attack.

Witness Testimony

Investigators will talk to neighbors and others in the area at the time of the alleged abuse. They may have overheard a fight—either on the day of the alleged incident or on another occasion—that could make you look guilty.

Security Camera Images

Traffic, security, and porch cameras may have captured images of you coming or going from the accuser’s home. Bystanders’ cell phone videos may also provide evidence of your whereabouts and verbal or physical altercations between you and the accuser.

Medical Evidence

The police will photograph the accuser’s injuries when they respond to the call. Further medical exams could provide evidence of how the injuries occurred. Could the bruise have been caused by a fall, or did someone clearly grab the victim’s wrists? Medical experts will answer these questions in court.

You cannot refute all of this evidence on your own.

This Is Why You Need a Miami Defense Attorney as Soon as Possible

If you have been arrested and charged with domestic violence, you need to call an attorney right away. Believing in your own innocence and being confident that there is no evidence to prove your guilt will not be enough to protect your reputation and your freedom if your case goes to trial.

Have You Been Accused Of Domestic Violence In Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report “He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida“.  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

Maybe a fight got out of hand, and a neighbor called the cops. Or maybe your partner thought you were a threat and called the police. Whatever led to the police getting involved, if they believe the accuser, and you are arrested and charged with domestic violence, it will not be easy to get out of it—even if the accuser takes their story back. That is why you must call an attorney as soon as you are arrested, even if you believe it is all a misunderstanding that will be cleared up.

Accusers Do Not Have the Power to Drop Charges

In the moments after an incident, the accuser holds all the power. You may be able to explain what happened and talk him or her out of calling the police, but once the call is made, it is out of the accuser’s hands. If you are arrested, it is up to the prosecutor to decide whether to pursue charges or not. Even if the accuser withdraws the complaint and refuses to testify against you, the charges could stand, and you could be facing a trial and jail time. Without an accuser, prosecutors could use the following to support their case against you:

Evidence Collected At The Scene 

If there are signs of a struggle or your partner is obviously injured, the police will take pictures and present this evidence to the prosecutor. Even if the accuser later explains away the evidence, the prosecutor may not believe the story.

Witness Testimony

Police may also talk to neighbors. If they report that they have heard shouting or seen signs of fighting at your home, this will be strong evidence against you, even without a statement from your partner.

Criminal Record 

If you have previous arrests on your record or have had complaints filed against you in the past for any violent crime, prosecutors will assume that you are capable of domestic violence, regardless of your partner recanting the complaint.

Without an experienced Florida domestic violence defense attorney on your case, you won’t have a prayer of getting the charges reduced or dropped.

Have You Been Accused Of Domestic Violence In Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report “He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida“.  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.

You’d be amazed how many people come to me wondering this very thing.  It is logical to assume that if the alleged victim in a domestic violence case does not want to prosecute that the case will be dismissed by the State Attorney’s Office.

However, the prosecutor does not have to drop your case simply because the victim does not want to cooperate.  Therefore, the simple answer is: No. Your case will not automatically be dropped because the alleged victim says so.

Domestic violence cases are prosecuted very aggressively in Florida, and Miami is no exception.  The prosecutor (and the prosecutor alone) determines whether to file formal charges against you and later determines whether your case should be dismissed.

If you have recently been arrested for domestic violence, please do not think that everything will simply go away and your case will be dismissed because the alleged victim does not want to prosecute.  As you can imagine, domestic violence cases are very emotional.

What one day may seem like everything is back to normal can turn into a living hell the next.  Letting your guard down simply because you have reason to believe that the alleged victim does not want to press charges is a surefire way to get yourself in a lot of trouble.  You can end up with a permanent criminal record and even end up in jail.

What NOT to Do

Under no circumstances should you attempt to contact the alleged victim to ask that they drop the case, nor should you intimidate or threaten the alleged victim in any way.  Doing this will be a violation of the court’s stay away order or no contact order.  This is not only another criminal charge that you will have to defend but they can also revoke your bond and put you back in jail.

Taking matters into your own hands by attempting to contact the alleged victim or simply assuming that everything will get dropped is not the strategy that you should employ when facing these serious charges.

What Should You Do If the Victim Doesn’t Want to Prosecute?

If you have reason to believe that the alleged victim in your case does not want to prosecute (or press charges), then you should seek the help of an experienced criminal defense lawyer to help you through this emotional court case.  An attorney that handles domestic violence cases will be able to help you navigate this tricky area of law in order to resolve this in the best possible way.

If you have questions about your Domestic Violence charge and would like more information, you can download a FREE copy of Daniel Izquierdo’s special report, He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case in Florida from our website.  If you are here today because you feel frustrated about a domestic violence battery charge and it is disrupting your life, we should talk.  You can also contact us to set up a Free 4-Point Case Evaluation and Defense Strategy Session with me.

Have You Been Accused Of Domestic Violence In Florida?

You and your partner may not be at a good point in your relationship right now, but if your partner takes that a step further by accusing you of domestic violence, you need to fight back to protect your freedom. If you are frustrated about a domestic violence charge that is disrupting your life you need to speak with an experienced domestic violence defense attorney as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

I also recommend that you download a free copy of our special report “He Said, She Said: Three Mistakes That Can Destroy Your Domestic Violence Case In Florida“.  The sooner we talk, the sooner we will be able to help you fight the charges that could change your life forever.