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:
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.
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:
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:
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:
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.
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.
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:
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) 708-9127 to schedule a free initial case evaluation.