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Battery Charges and Domestic Disputes

dv-1-150x150According to Palm Beach County Sheriff’s office, Daniel Alan Spitz (former Anthrax guitarist) was arrested at his Lake Worth home after a 911 call. Spitz’s mother-in-law called 911 after an argument between Spitz and his wife turned violent.

Wrapped hands around the neck, punching, tackling and scratching were all part of the fight and his wife’s account of it turned to out be accurate, as supported by photo of her injuries. Full story, source.

Many states have enacted criminal law and family law statutes related to the prevention and prosecution of domestic violence incidents. In Florida, the state offers legal options through both the criminal and civil court systems.

Domestic Violence

Domestic abuse, also known as spousal abuse, occurs when one person in an intimate relationship or marriage tries to dominate and control the other person. Domestic abuse that includes physical violence is called domestic violence.

The Five Forms of Domestic Violence

1. Physical

Inflicting or attempting to inflict physical injury
example: grabbing, pinching, shoving, slapping, hitting, biting, arm-twisting, kicking, punching, hitting with blunt objects, stabbing, shooting

Withholding access to resources necessary to maintain health example: medication, medical care, wheelchair, food or fluids, sleep, hygienic assistance Forcing alcohol or other drug use

2. Sexual

Coercing or attempting to coerce any sexual contact without consent
example: marital rape, acquaintance rape, forced sex after physical beating, attacks on the sexual parts of the body, forced prostitution, fondling, sodomy, sex with others

Attempting to undermine the victim’ sexuality
example: treating him/her in a sexually derogatory manner, criticizing sexual performance and desirability, accusations of infidelity, withholding sex

3. Psychological

Instilling or attempting to instill fear
example: intimidation, threatening physical harm to self, victim, and/or others, threatening to harm and/or kidnap children, menacing, blackmail, harassment, destruction of pets and property, mind games, stalking

Isolating or attempting to isolate victim from friends, family, school, and/or work example: withholding access to phone and/or transportation, undermining victim’s personal relationships, harassing others, constant “checking up,” constant accompaniment, use of unfounded accusations, forced imprisonment

4. Emotional

Undermining or attempting to undermine victim sense of worth
example: constant criticism, belittling victim’s abilities and competency, name-calling, insults, put-downs, silent treatment, manipulating victim’s feelings and emotions to induce guilt, subverting a partner’s relationship with the children, repeatedly making and breaking promises

5. Economic

Making or attempting to make the victim financially dependent
example: maintaining total control over financial resources including victim’s earned income or resources received through public assistance or social security, withholding money and/or access to money, forbidding attendance at school, forbidding employment, on-the-job harassment, requiring accountability and justification for all money spent, forced welfare fraud, withholding information about family running up bills for which the victim is responsible for payment

source: New York State Office for the Prevention of Domestic Violence

Domestic Violence Laws in Florida

The definition of domestic violence in Florida is defined by Fla. Stat. § 741.28 as any assault, battery, aggravated assault or battery, or other criminal offense committed by a household or family member that results in the injury or death to another household or family member. The laws governing domestic violence in Florida are meant to protect potential or alleged victims from harm. However, many law enforcement officers, judges, and other officials prefer to err on the side of safety and protect the victim, even when the domestic violence arrest was the result of a misunderstanding, mistake, or false accusation.

Domestic Assault/Battery

Fla. Stat. §§ 784.011 & 784.03 – In Florida, domestic assault and domestic battery are not separate offenses from standard assault and battery. Rather, an instance of domestic assault or battery is simply when an assault or battery is committed by a family member, which includes spouses, blood relations, marriage relations, roommates, household members, parents of a child, or any person who used to fill one of these rolls.

West Palm Beach Domestic Violence Defense Attorney

With over 10 years of experience in the courtroom, skilled and knowledgeable West Palm Beach Criminal defense attorney Andrew Stine knows what it takes to fight the prosecution’s domestic violence case against you in Palm Beach County. The key ingredient in succeeding in a Battery Case is too quickly hire a criminal lawyer , to review your case, so that a defense can be immediately implemented. The defense may be False Allegation, Self Defense, Defense of Others, Alibi or many other defenses afforded to the accused. The experience of Andrew D Stine, whether it be in the Federal Courts, State Courts, Appellate Courts, or throughout other Federal courts where Attorney Stine has practiced, can be put to use in your favor if you or a loved one is facing criminal arrest.  For more information on what Andrew D. Stine, P.A. can do for your Palm Beach County domestic violence charges or any battery charge, call Andrew D. Stine, P.A. today and schedule your free initial case consultation.

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