Domestic Violence Defense

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     Tenacious defense...
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Experienced and dedicated, Van Riper Nies Attorneys are committed to protecting your Constitutional and legal rights. 

Domestic Violence offenses are those committed by one family member against another while living in the same household. In particular, as defined in Florida Statute 741.28(2) "Domestic Violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, 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.

When called to the scene of a domestic dispute in Florida, police officers are often forced to make judgments based on very scant evidence, and often arrest the party who did not call the police.  Domestic violence charges can often lead to time in jail and loss of parental rights. Due to the nature of crimes involving a family, especially when children are involved, criminal defense lawyers with experience in domestic violence offenses are needed to protect the future of your family.

A domestic violence arrest will usually result in a court-issued restraining order until the case is resolved, meaning the accused may need to move out of his or her residence and be separated from his or her family.  If you have been arrested for domestic violence, retaining an attorney quickly is critical.

For a free consultation, call us at 561-962-3130, complete the contact form below or e-mail us at timnies@ymail.com. We are available day and night and on the weekends.

 

 

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Palm Beach FL criminal defense law firm experienced in domestic violence litigation.  Criminal defense attorney Christian Van Riper, a former State Attorney (prosecutor), represents clients in cases of domestic violence. firearm offenses, including charges relating to carrying a gun during a crime.

The criminal law attorneys at the Law Offices of Van Riper Nies handle domestic batter cases in Palm Beach County Florida, including West Palm Beach, Delray Beach, Palm Beach Gardens, Boynton Beach, Jupiter, North Palm Beach, Boca Raton, and Wellington, FL. Our criminal defense lawyer also handles gun offense cases in Palm Beach County.  Jupiter FL DUI defense attorneys.  

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Florida Statutes 741.28  Domestic violence; definitions

(1)  “Department” means the Florida Department of Law Enforcement.

(2)  “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, 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.

(3)  “Family or household member” means spouses, 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.

(4)  “Law enforcement officer” means any person who is elected, appointed, or employed by any municipality or the state or any political subdivision thereof who meets the minimum qualifications established in s. 943


Repeat Violence
means two (2) incidents of violence or stalking committed by the respondent, on of which must have been within six (6) months of the filing of the petition, which are directed against the petitioner or the petitioner's immediate family member.

Any person who is the victim of repeat violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against repeat violence on behalf of the minor child, has standing in the circuit court to file a sworn petition for an injunction for protection against repeat violence.

Dating Violence
means violence between individuals who have had or still have a continuing and significant relationship of a romantic or intimate nature. The term does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context. The existence of a continuing and significant relationship shall be determined based on the consideration of the following factors:

  1. A dating relationship must have existed within the past six (6) months
  2. The nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties
  3. The frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship

Any person who is the victim of dating violence and has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or any person who has reasonable cause to believe he or she is in imminent danger of becoming the victim of another act of dating violence, or the parent or legal guardian of any minor child who is living at home and who seeks an injunction for protection against dating violence on behalf of that minor child, has standing in circuit court to file a sworn petition for an injunction for protection against dating violence.

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