Although there is no specific domestic violence crime, it is a labeled that can be applied to many crimes including either misdemeanors or felonies.  Typical domestic violence crimes include assault and battery, aggravated assault, aggravated battery, sexual battery, 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. Some crimes, however, are specific to domestic relationships. They include battery by strangulation, violation of domestic violence injunctions and child abuse. Below are brief explanations on these offenses.

The domestic violence label does not just apply to husband and wife, it also means former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. Domestic Violence has also been interpreted to apply to same-sex partners/spouses. 

Frequently, domestic violence accusations are accompanied by hidden bias and motivations on the part of the accuser.  They may include a pending divorce, child custody disagreement or even as a way to increase child support payments.  Conducting a thorough investigation into the accuser is essential in defense of a domestic violence charge. If necessary, Erick Cruz will retain private investigators to assist in exploring the motivations of the accusers and exposing their bias. By collecting as much information on the accusers as possible, Erick Cruz will identify and exploit the motives and bias of your accuser in order to prove that the allegations are fabrications or greatly exaggerated.

Battery by Strangulation

A person commits domestic battery by strangulation if the person knowingly and intentionally and against the will of another, impedes the normal breathing or circulation of the blood so as to create a risk of or causes great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. This offense is a third degree felony punishable by up to five years in prison.

Violation of Domestic Violence Injunctions / Aggravated Stalking 

Often following and arrest for a domestic violence related charge, the Judge will issue a stay away order from the alleged victim. Additionally, the victim may apply for a restraining order in a separate proceeding. In either case, the person will be prohibited from having any contact with the alleged victim. Contact is prohibited in any form and includes physical contact as well as telephone calls, text messaging, emailing and communications through third parties or social media.

Even in cases, where the alleged victim may desire that the stay away order be removed and not enforced, a person cannot legally have contact without first obtaining permission from the judge. If the person is found to have violated the stay away order or injunction, he or she may face additional charges that could potentially be elevated to a felony. Erick Cruz also helps those families that want to be reunited with obtaining the orders necessary to reestablish contact.

 Child Abuse

While Florida law permits a parent to use physical punishment to discipline their child, the law is ambiguous enough that many parents get arrested after the child tells a teacher or reports it to police. The line between punishment and child abuse is not clear and results in parents who discipline their child with the best of intentions getting arrested. These cases are usually very fact specific and require a detailed investigation to exonerate the well-meaning parent.

Call Erick to discuss your case with him and find out how to get your domestic violence case dismissed or charges and sentence reduced and arrest record sealed or expunged. 

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(305) 444-3844