Criminal Defense Lawyers

Domestic Violence Charges in Florida: Penalties, Restraining Orders and Lawyers

Domestic Violence Charges in Florida: Penalties, Restraining Orders and Lawyers

Domestic violence is a serious issue in Florida – and across the United States. According to the Florida Coalition Against Domestic Violence (FCADV), over 100,000 domestic violence incidents were reported to law enforcement in Florida in 2020 alone.If you are facing domestic violence charges in Florida, it is important to understand the laws, penalties, and your options. This article provides an overview of key things to know.

What is Considered Domestic Violence in Florida?

Florida law defines domestic violence broadly. Under Florida Statute 741.28, 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.Domestic violence includes both physical and emotional abuse. Threats, intimidation, and harassment are also considered domestic violence under Florida law.Domestic violence charges can be filed when the victim and abuser are spouses, former spouses, related by blood or marriage, have a child together, or live together as a family. Domestic violence applies to current and former dating partners as well.

Penalties for Domestic Violence in Florida

The penalties for domestic violence in Florida depend on the specific offense and circumstances. Many domestic violence crimes are misdemeanors, while more serious or repeat offenses may be charged as felonies.Here is an overview of potential penalties for domestic violence convictions in Florida:

• Simple assault – Up to 60 days in jail and/or $500 fine
• Aggravated assault – Up to 5 years in prison and/or $5,000 fine
• Simple battery – Up to 1 year in jail and/or $1,000 fine
• Aggravated battery – Up to 15 years in prison and/or $10,000 fine
• Stalking – Up to 5 years in prison (felony)
• Violation of restraining order – Up to 1 year in jail and/or $1,000 fine

Penalties tend to increase for repeat offenses. Florida has mandatory minimum sentences for certain domestic violence crimes committed within a 25-year period.For example, a second misdemeanor battery conviction requires a minimum 10 days in jail. A third conviction within the 25-year window is a felony with a minimum 30 days in jail.

Getting a Restraining Order in Florida

If you are a victim of domestic violence in Florida, getting a restraining order can help protect you from future abuse.Florida has several types of injunctions (restraining orders) available:

• Domestic violence injunction – For family or household members
• Repeat violence injunction – For dating partners or roommates
• Sexual violence injunction – For sexual assault victims
• Stalking injunction – For victims of stalking

You can file for an injunction at your local courthouse. It is free to file. You will need to provide details about the abuse and your relationship with the abuser.If approved, an injunction can order the abuser to have no contact with you and stay away from your home, work, and other places you frequent. Injunctions are initially granted on a temporary ex parte basis, then a full hearing is held to determine if a permanent injunction (typically lasting up to 1 year) should be issued.

Finding a Domestic Violence Lawyer in Florida

If you are facing domestic violence charges, having an experienced criminal defense attorney on your side is critical. A knowledgeable lawyer can help protect your rights, advocate for you in court, and work to achieve the most favorable outcome given the circumstances.When choosing a domestic violence attorney in Florida, look for these key qualifications:

• Experience handling domestic violence cases – You want a lawyer who is very familiar with Florida’s domestic violence laws and regularly represents clients in these types of cases.
• Strong negotiation skills – Many domestic violence charges are resolved through plea agreements. Your attorney should be an effective negotiator.
• Trial experience – If negotiating a plea deal is not possible, you want an attorney with courtroom experience who can mount a vigorous defense at trial.
• Resources and expertise – The lawyer should have the resources to thoroughly investigate your case and build the strongest defense, including consulting with experts like psychologists if needed.
• Good client communication – Look for a lawyer who is responsive, keeps you updated, answers your questions, and makes you feel comfortable and supported.

Don’t hesitate to ask candidates about their experience and credentials. Be sure you understand fee structures and payment expectations as well. Legal fees vary widely depending on the lawyer, complexity of your case, and other factors.

Common Defenses to Domestic Violence Charges

When defending against domestic violence allegations, some of the most common strategies criminal defense lawyers use include:

• Self-defense – If you acted in self-defense against violence initiated by the alleged victim, this can sometimes justify domestic violence. However, the force used must be proportional and reasonable.
• False allegations – In some cases, the alleged victim fabricated or exaggerated the domestic violence claims. Your lawyer may argue there is lack of evidence to support the charges.
• Mental health issues – If mental illness contributed to your actions, this may provide grounds for a defense or mitigation in sentencing.
• No visible injury – The lack of physical injuries on the alleged victim can undermine the prosecution’s case.
• Violation of rights – Arguing your rights were violated in the investigation or arrest may lead to evidence being excluded or the case dismissed.

An experienced lawyer will thoroughly investigate your case to determine if any viable defenses apply. The goal is to get charges reduced or dismissed, if possible.

What to Expect at Your Domestic Violence Trial

If your domestic violence charges go to trial, the prosecution will have the burden to prove the allegations “beyond a reasonable doubt.” Key aspects of a Florida domestic violence trial may include:

• Opening statements – The prosecution and your defense lawyer preview their main arguments.
• Prosecution evidence – Police officers describe the investigation and arrest. The alleged victim and other witnesses testify about the alleged abuse. Photos, medical records, and other evidence is presented.
• Cross-examination – Your attorney questions the witnesses, highlighting inconsistencies and seeking to undermine their version of events.
• Defense evidence – Your lawyer may present alternate witnesses, expert testimony, and other evidence to rebut the charges. You may choose to testify on your own behalf.
• Closing arguments – Each side summarizes their view of the evidence and why you should either be found guilty or not guilty.
• Jury deliberations – The jury discusses the case and attempts to reach a unanimous verdict. If they cannot agree, a hung jury results in a mistrial.
• Verdict – The jury acquits or convicts on each charge. If convicted, your lawyer can negotiate for the most favorable sentence.

Having an experienced domestic violence lawyer represent you at trial can make all the difference in the outcome.

Consequences of a Domestic Violence Conviction

Being convicted of domestic violence in Florida can carry lasting legal and personal consequences beyond potential jail time. Some impacts may include:

• Probation – Terms often include mandatory counseling, drug/alcohol testing, and other conditions. Violations may lead to jail time.
• Fines and court costs – You will have to pay fines, fees, and other monetary penalties, which can add up to thousands of dollars.
• Batterers intervention program – These counseling programs are required for some domestic violence offenders in Florida.
• Criminal record – The conviction stays on your record and can make finding a job more difficult.
• Gun ownership – Those convicted of domestic violence lose the right to own firearms.
• Child custody – Custody rights may be jeopardized if children are involved.
• Immigration status – Non-citizens charged with domestic violence can face severe immigration consequences, like deportation.
• Future arrests – Police and prosecutors will view you as a repeat offender if arrested again for domestic violence.

Getting Help for Domestic Violence

If you are in an abusive relationship, it is important to know that help is available. While the legal process unfolds, domestic violence resources can provide housing assistance, counseling, safety planning and other critical services.The Florida Domestic Violence Hotline is available 24/7 at 1-800-500-1119. Locally, you can find domestic violence shelters and support organizations across Florida. Leaving an abusive relationship can be extremely difficult – but you do not have to handle it alone.Dealing with domestic violence charges in Florida can be complex and overwhelming. Having an experienced criminal defense lawyer guide you through the legal process can help reduce stress and achieve the best possible outcome. Every situation is unique. With compassion and diligence, a knowledgeable domestic violence attorney strives to protect your rights while also keeping the human perspective in mind.