Domestic Violence - Definitions
What is Domestic Violence?
Domestic violence is any type of physical or sexual assault, battery,
stalking, kidnapping, false imprisonment, reckless endangerment, or other
criminal offense resulting in bodily injury or death of one household member by
another household member. whether married or cohabitating. Both men and
women can be charged with domestic violence.
Who is considered a "family or household member"?
According to the Florida laws governing domestic violence, ""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 person 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
currently residing or have in the past resided together in the same single
dwelling unit." Though unstated specifically in the law, cohabitating same sex couples
can be considered "family or household members."
What is an Order of Protection or Restraining Order?
An Order of Protection is a legally enforceable document designed to prevent contact between an aggressor and their intended victim.
If a person in your household has reasonable cause to believe he or she is
in imminent danger of physical violence, they can petition the circuit court for
an injunction to keep the threatening person away from them and their
whereabouts. Note: no physical violence has to have occurred yet for a
person to be granted an Order of Protection, just a reasonable cause to believe
it will happen in the immediate future.
What is "marital rape" and why is it included here?
Until 1976, marital rape was legal in every state in the United States.
Although marital rape is now a crime in all 50 states in the U.S., some states
still don't consider it as serious as other forms of rape. Florida is one
of only 17 states and the District of Columbia that make no distinction in the
law between marital rape and stranger rape.
"Marital rape can be defined as any unwanted intercourse or penetration
(vaginal, anal or oral) obtained by force, threat of force, or WHEN THE
WIFE IS UNABLE TO CONSENT [mentally and/or physically incapacitated] (Bergen,
1996; Pagelow, 1984; Russell, 1990)." - from http://www.salem-news.com/articles/november282007/coral_thiell_1_112807.php
At Joffe and Joffe, PA, our attorneys have handled dozens of domestic
violence cases. The vast majority of those cases did NOT result in a guilty
verdict. Call 954-723-0007 today to speak to an experienced domestic violence
lawyer.
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Latest Verdict: David J. Joffe obtains not guilty jury verdict in federal drug case in forty (40) minutes after one (1) day trial. Client acquitted of 10 year manditory jail sentence.
Defendant was convicted of two counts. The law firm again represented defendant on the direct appeal to the United States Court of Appeals in and for the Eleventh Circuit. The law firm was successful in having one count vacated and defendant was remanded for re-sentencing before the District Court. The Court sentenced defendant to non-reporting probation.
State Attorney dismissed marijuana possession case after reading one motion detailing improper search and seizure.
Male Charged with Mortgage Fraud Gets No Prison Time
Miami: 29 defendants charged in drug importation and credit card scheme and only ONE goes free! His attorney was David J Joffe!
20 year old female Gets Reduced Sentence for Drug Charge
Charges Dismissed on Battery of a Law Enforcement Officer
Ex-banker not charged with theft of goods through interstate commerce
Florida criminal defense lawyer, David J. Joffe successfully reduces sentence of Colombian crew men on freighter with two tons of cocaine
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