Every matter that alleges violence committed against another person is something that state authorities take seriously. The possible punishment likely involves only the penalties available under the criminal statute prohibiting the behavior. Unfortunately, this is not always the case when the incident alleges violence or threats against family members.
These so-called incidents of domestic violence can still result in harsh criminal consequences but the courts also have the power to impose restraining orders against defendants that can remain in effect for the length of the case. Talking with a Lake County domestic violence lawyer today may help you to avoid these penalties and to enjoy minimal disruption in your life. Our resourceful defense attorneys are available to advise you through this ordeal.
Unlike in many other places, there is no separate criminal charge under Florida law called domestic violence. Instead, these charges involve a supposed act of violence or threats against specific people. This is what makes an alleged event an incident of domestic violence. State law uses the term “domestic violence” to describe these incidents. According to Florida Statute § 741.28, an incident of domestic violence include incidents occurring between:
A case that is classified as family violence can bring immediate consequences. Under state law, any supposed victim of domestic violence can petition the court to enact a protective order. This order requires the defendant to avoid any contact with the complainant for the length of the case. This could also require a defendant to move out of a home or surrender any firearms. A Lake County attorney could provide more information about the state’s domestic violence laws and how they could have an impact on one’s immediate future.
Almost any incident that involves causing or threatening violence against another may result in a case receiving a mark of “family violence.” Because it is the complainant’s relationship with the defendant that brings this classification, a wide variety of offenses can fall under this category. Prominent examples include:
Each of these examples can bring harsh penalties upon conviction. However, the person’s status as a family member can bring an enhanced sentence. For example, an assault that involves family violence upgrades the charge and can result in a jail sentence of up to a year for conviction. Similar concepts apply to other allegations.
Reaching out to a domestic violence lawyer in Lake County could be the first step towards defeating these charges in court. Potential defenses could include mistaken identity, self-defense, lack of evidence, or an assertion that the alleged victim should not be considered a household member.
Allegations involving supposed domestic violence need to be handled delicately. Even if the offense falls under the category of a misdemeanor, a mere arrest can result in the creation of a protective order that can flip your life upside-down. Convictions could see these orders become permanent, as well as authorize a court to impose fines or sentence you to prison.
A Lake County domestic violence lawyer wants to work with you in defending your rights and freedoms after a family violence arrest. Our work could involve disputing the need for any restraining orders and building a potent defense against the core criminal charges. Call us now and schedule a meeting to discuss your case.
The Umansky Law Firm Criminal Defense & Injury Attorneys