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Domestic Violence

Recent Posts in Domestic Violence Category

  • What is Domestic Violence And What Isn't?

    Domestic violence isn't just a term of art. It is a legal designation for certain types of cases. Your case can either qualify as domestic violence, or it will not. 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 ...
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  • Stand Your Ground In Misdemeanor Cases

    Can the Stand Your Ground law apply to misdemeanor cases? You bet. Stand Your Ground protects the use of lethal force when you are attacked in a place outside of your home where you have a legal right to be. It also protects the use of non-lethal force under the same circumstances. Misdemeanors, such as battery and assault, can employ Stand Your Ground protection when the battery (touching) or ...
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  • What Happens When You Call The Police To Report Domestic Violence?

    First and foremost - The Law Offices of Eric M. Matheny understands that domestic violence is a very serious crime. If you are a victim of domestic violence and you are in fear for your safety, you must call 911 immediately. However, it is important to understand how things work in Florida in the year 2018. Florida is commonly known as a "no drop" state. That means that despite the wishes of the ...
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  • Last Five Domestic Violence Cases Dismissed

    While past outcomes cannot guarantee future results, the last five Miami domestic violence cases handled by The Law Offices of Eric M. Matheny, P.A. were dismissed by the Miami-Dade State Attorney's Office. Each case presented its challenges. In one case, the court's exclusion of evidence favorable to the state resulted in the state being forced to dismiss the client's charges long before trial. ...
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  • Domestic Battery By Strangulation

    Domestic battery by strangulation is a third-degree felony punishable by up to 5 years in prison. It is one of the types of felony battery. Battery by strangulation occurs when somebody chokes or strangles another person with their own hands. If a weapon is used or if serious injury is cause, the charge may be increased to aggravated battery. Battery by strangulation is a difficult crime for the ...
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  • The Importance Of Getting Your Domestic Violence Charges Dismissed

    Before you even think about pleading guilty or no contest to any felony or misdemeanor domestic violence charges in the State of Florida, read this! If you are a first-time offender and the alleged victim consents, you may be eligible for pretrial diversion (PTD) . However, in a domestic violence case, PTD is not comprised of simple tasks that can be completed over the course of a few weeks. For ...
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  • What If The Victim Isn't On Board? How Prosecutors Proceed On Domestic Violence Cases Without A Testifying Witness

    On of the most common misconceptions about domestic violence cases is that without an alleged victim, the State Attorney's Office will automatically drop the charges against the accused. As a former Miami prosecutor , I can tell you that such a statement is untrue, and can often lead accused persons to make uninformed decisions on how to proceed with their cases. Miami and Broward, for the most ...
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  • Can a Domestic Violence Case Proceed without Testimony from the Victim?

    A common misconception about domestic violence cases is that if one of the parties (the alleged victim) is not "on board," or willing to testify in court against the accused, the case will go away. The Miami-Dade State Attorney's Office has adopted a "no drop" policy when it comes to domestic violence cases. That means, they will not simply drop, or dismiss, a case just because the alleged victim ...
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