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Boca Raton Florida Legal Blog

Is there a link between yelling and physical violence?

You get into an argument with your spouse, and it ends with the two of you yelling at each other. It's not something you anticipated when you got married, but the relationship has changed over the years. The two of you are under a lot of stress. Things got out of hand.

In fact, maybe the neighbors heard what was happening and someone called the police. As the squad car pulls up to the front door, you find yourself wondering if you have actually broken the law -- or just how close you got.

The 5 primary types of domestic violence

What comes to mind when you think of domestic violence? Like most, you may assume that domestic violence is always associated with physical abuse. While this is true in many cases, it's not the only type.

There are five primary types of domestic violence, which include the following:

  • Physical abuse: This is the most recognizable and common form of domestic violence. It involves any type of force against another person, such as punching, choking, slapping, biting or kicking.
  • Emotional abuse: It's often overlooked, but every bit as serious as physical abuse. This is typically associated with a person destroying the victim's self confidence, such as by persistent insults and criticism. Emotional abuse is commonly associated with another type, such as financial abuse.
  • Financial abuse: It's difficult to spot, but a common problem nonetheless. Financial abuse takes on many forms, such as a person prohibiting their spouse from working to maintain full control over their finances.
  • Sexual abuse: There are many forms of sexual abuse, with rape and sexual assault the most common. Sexual harassment also fits into this category.
  • Psychological abuse: Many types of behaviors fit into this domestic violence category, such as: continually threatening a person with an act of violence, preventing a person from leaving the home, preventing a person from talking to other people and using emotional blackmail to get what they want.

Are you eligible to have your juvenile criminal record expunged?

Maybe you made some poor decisions and mistakes as a minor. Everyone makes mistakes, but some are more serious than others and can land you in legal trouble. It’s only natural to worry that these bad decisions will haunt you for the rest of your life.

The good news is that the state of Florida expunges, or erases all records of your criminal history as a minor at age 21. Expungement makes it as if those incidents never happened. This is still true even if you served time in a juvenile correctional facility, only you must wait until age 26 to have your criminal record automatically expunged.

Obtaining a temporary restraining order for domestic violence

Relationships are difficult. You’ve been trying to work things out with your significant other in your life. An argument escalated and turned into physical violence . . . something you never thought was possible.

Now that it has happened, you need to take steps to protect yourself, children and any other family members. You need to file an injunction or restraining order that prevents your former partner or spouse from doing more harm.

Defending yourself against accusations of domestic violence

Domestic violence or assault charges can result from any number of circumstances. Sometimes, one spouse will intentionally make false allegations against the other in the hope of securing the upper hand in divorce proceedings. Other times, law enforcement may misinterpret a situation and unintentionally exacerbate things by treating what is simply an interpersonal conflict as a criminal issue.

Facing any kind of criminal charge related to domestic violence in Florida can feel like an impossible scenario, but it is not hopeless. As with any potential criminal charge, you have the right to defend yourself against allegations of domestic assault or violence. Working with an experienced criminal defense attorney can improve your chances of a positive outcome.

Why some partners make false domestic violence accusations

There is nothing about domestic violence to take lightly when it is a reality for many people in abusive relationships. However, not everyone who cries wolf is telling the truth when law enforcement arrives at the door. When you are on the receiving end of a false allegation, you need serious legal defense.

Such accusations can ruin a person’s reputation and even cause detriment to their financial stability and overall future. You may be tempted to play the same blame game as your partner but avoid such tendency. Making false statements to law enforcement is not in your best interest when defending yourself against domestic violence.

Visiting Florida as a tourist and get a DUI? Now what happens?

The winter months can bring an influx of visitors to the sunshine state looking for outdoor fun, the ocean and attractions. Then even more show up around March during spring break when most folks are fed up from a long winter of cold and snow. Many vacationers to Florida use alcohol during their visit, which can easily turn into a DUI conviction.

If you are caught and convicted of a DUI in South Florida and you are a resident of another state, you will be subject to the laws and fines of Florida and not to your home state. One thing that may confuse people about receiving a DUI in Florida while visiting from another state is how they will complete any punishments for their Florida crime. Since it is usually not logical to ask someone to return to Florida to serve jail time, attend treatment or work out logistics of a license suspension, the states have worked out a compact with each other.

Can you get a DUI if you’re not driving?

After a game, party or night on the town with friends, you may wonder if you are too buzzed to drive safely. While a power nap in your car might be enough to sober up, it may not be enough to save you from a DUI in the state of Florida.

Due to strict regulations for driving under the influence (DUI), you may be cautious about getting behind the wheel at all if you’ve been drinking. Out of fear of being arrested, spending time in jail and getting your license suspended, you may feel “sleeping it off” in your car is a safer choice than taking the risk of driving home. The only problem is that just might not be enough to stay out of trouble.

Enjoy your holiday celebrations without the risk of drunk driving

The holiday season is a time filled with office parties, family gatherings and fancy dinners, which are often paired with alcohol. In the name of celebration, those who don't normally drink may choose to imbibe, and those who don't normally drink heavily may choose to overindulge. While this all happens in good fun, a common problem is that those who have been drinking are unable to safely drive home.

What is an aggravated DUI in Florida?

If you are familiar with DUI laws in Florida, you should know that the legal limit for blood alcohol content (BAC) when operating a motor vehicle is .08%. If you are pulled over by a police officer and a test shows that you are over this limit, you will be subject to harsh penalties for this infraction. In Florida, you can face a first-degree misdemeanor for your first DUI offense. But there is another kind of DUI offense you may face, and it can mean even more severe penalties. 

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