Accusations of domestic violence can have lasting repercussions even if you have no other criminal convictions or charges on your record. State law prescribes mandatory probation and sometimes mandatory minimum jail sentences for first-time offenders. Repeat offenders—as well as anyone who violates the terms of a court order imposed against them after a previous incident—may face much harsher sanctions upon conviction.
It will be easier to put up a proper defense against these charges by having a Clermont domestic violence represent you throughout your case. No matter what circumstances your specific charge is based upon, a seasoned criminal defense attorney could ensure your rights are respected and could advocate on your behalf. The Umansky Law Firm is your first choice for a second chance.
According to Florida Statutes § 741.28, a person commits “domestic violence” if they commit any of these offenses against a family or household member:
In this context, a “family or household member” can be a current or former spouse, co-parent of a child, any relative by marriage or blood, and any current or former cohabitant in the same dwelling unit living with the defendant as if they were family.
A person who intentionally causes bodily harm through any domestic violence offense is required under Fla. Stat. § 741.283 to serve a minimum of 10 days in county jail upon a first conviction, 15 days for a second offense, and 20 for any subsequent conviction. These minimum penalties are respectively increased to 15 days, 20 days, and 30 days if the defendant committed their offense in the presence of a minor under 16 years old.
Additionally, under Fla. Stat. § 741.281, anyone who is found guilty of, pleads nolo contendere to, or has adjudication withheld on any domestic violence crime must serve a minimum one-year probation term. It generally must have completion of a batterers’ intervention program as a condition of their sentence. A Clermont domestic violence attorney could explain possible sanctions in more detail during a private consultation.
Any person who experiences domestic violence or who reasonably believes they may experience it in the near future can apply for a court-issued injunction against the person who has harmed or allegedly will harm them. Depending on the circumstances, such an injunction may:
Violating any term included in such an order or committing another domestic violence offense against the protected party is considered a first-degree misdemeanor under Fla. Stat. § 741.31. Once again, a domestic violence lawyer in Clermont could clarify as needed how injunctions like this work, and what strategies might be useful for contesting one.
Having a criminal charge categorized as domestic violence can significantly complicate your legal proceedings, especially if this is not your first charge along these lines. Either way, a capable defense attorney’s guidance could be essential to giving you a good chance of securing a positive case result.
A conversation with a Clermont domestic violence lawyer could provide answers to important questions and broad advice about possible next steps. Call the Umansky Law Firm today to schedule a meeting.
The Umansky Law Firm Criminal Defense & Injury Attorneys