Orlando Domestic Violence Attorney
Domestic violence charges involve offenses committed by individuals in close relationships, such as between boyfriends, girlfriends, or spouses, or another household member. These offenses can range from physical acts of violence such as assault to psychological abuse such as stalking or intimidation. When police officers arrive at a scene of alleged domestic violence, there is a tendency to side with the victim, a bias that can be difficult for many defendants to overcome.
Domestic violence charges can include:
- Aggravated assault
- Aggravated battery
- False imprisonment
Facing domestic violence charges? Tell us your side of the story.
At The Wiseman Law Firm, we have over 15 years of experience and understand the complexities of domestic violence charges. We also know that there is often more to the story than what the alleged victim or the prosecutor is presenting. Our domestic violence lawyer in Orlando can thoroughly investigate the details of your case and walk you through every step of the criminal justice system. From questioning witness testimony to challenging restraining orders and uncovering underlying motives for the charges, we analyze each case from all possible angles.
What Happens if I Violate a Domestic Violence Protection Order?
In Florida, if your family or household member believes you committed an act of violence against them or pose a risk of engaging in such conduct, they may petition the court for a protection order. Also known as a domestic violence injunction, the order places specific conditions on you that you’re legally required to follow. If you violate the terms, you could be charged with a misdemeanor.
The conditions the court deems necessary as part of the injunction can include, but are not limited to:
- Ordering the respondent not to commit acts of domestic violence
- Making the respondent leave the home they share with the petitioner
- Requiring the respondent to stay away from the petitioner
- Awarding the petitioner a 100% time-sharing in a temporary parenting plan
- Ordering the respondent to participate in a treatment program
- Requiring the respondent to surrender their firearms
How Does Florida Define Domestic Violence?
Domestic violence is a criminal offense committed against a person’s family or household member.
Under Florida Statute § 741.28, crimes that could be considered domestic violence include:
- Aggravated assault,
- Aggravated battery,
- Sexual assault,
- Sexual battery,
- Aggravated stalking,
- False imprisonment, or
- Any other offense that could result in physical injury or death of a family or household member
If someone visits your house and you intentionally hit them, you could be charged with battery.
However, the offense becomes domestic violence if the person you struck was a:
- Former spouse
- Relative through blood or marriage
- Person you currently or formerly lived with as a family
- Person with whom you have a child
- Person you live with now or in the past in the same home
After the alleged act, any of the people listed above could petition the court for a domestic violence injunction against you. They could also do so if they fear you could carry out a physical injury-causing offense on them. If the court approves the protection order, you would be required to follow the conditions of it until it is modified or dissolved.
Penalties for Violating a Domestic Violence Protection Order
If your family or household member believes you violated the domestic violence injunction, and you have not been arrested for an alleged offense, they may notify the court in the county in which the alleged violation occurred. If a crime has been committed, a notification must be sent to the local law enforcement agency to investigate.
If the court finds that you willfully violated the order of protection, you could be charged with a first-degree misdemeanor. The potential conviction penalties include a jail term of up to 1 year and a fine of up to $1,000.
Fighting to Protect Your Future & Reputation
We understand the impact domestic violence charges can have on your future. In addition to the criminal penalties, you may end up with a criminal record that can compromise your job and housing opportunities. If you have children with the victim, your charges may also negatively affect your child custody rights.
Possible penalties from domestic violence include the following:
- Batterers' intervention program
- Minimum of 5 days jail time
Florida does not allow for expungement of domestic violence charges, which means that you may have to live with your charges for the rest of your life. Our Orlando domestic violence attorney can help you build a strong case aimed at protecting your future. As a skilled negotiator and experienced trial attorney, you can trust our Orlando domestic violence lawyer to competently handle your case at all critical junctures.
For proven defense against domestic violence charges, call 407-420-4647 to schedule a free initial case evaluation.