When the police arrive at the scene of a reported domestic dispute, there is a chance someone will be arrested even if the complainant does not want an arrest. This is because police are trained to detain the alleged aggressor in any domestic violence (DV) call.
If a domestic dispute resulted in your arrest, you might be barred from the premises and prevented from returning home even to collect clothing and other essential belongings. Further, domestic violence charges can impact your employment, housing, child custody, immigration status, and gun ownership.
You need a skilled criminal defense attorney working to protect your rights and your future. Even if you believe you will not face prosecution, do not try to handle the case alone. A Lake Mary domestic violence lawyer could provide invaluable advice and pursue resolutions to the matter that have the least impact on your life going forward.
Domestic violence is a term that encompasses many actions involving people who are family members or share a household. These could include spouses, former spouses, children, parents, siblings, or other people living together or who have lived together in the past. An incident involving someone with whom the accused had a romantic relationship within the past six months could also be labeled as domestic violence. This is the case even if the individuals never lived with one another.
Any action that leads to physical injury or causes the alleged victim to fear for their safety or the safety of others could lead to a domestic violence charge. These include:
When someone is arrested for domestic violence, they cannot post bond and must stay in jail until a judge orders them to be released. Florida Statutes § 741.2902 cautions judges not to release a domestic violence suspect if there is a likelihood that doing so might endanger the complainant or a child. A Lake Mary attorney with advanced knowledge of domestic violence laws could assist in such a scenario by attempting to quicken an individual’s release.
A person convicted of intentionally inflicting bodily harm in a domestic violence situation faces a 5-day minimum jail sentence, one year of probation, and completion of a batterer’s education course. If a household member who is under 16 years of age witnessed the incident, the sentence could be longer.
In addition, domestic violence convictions cannot be expunged. The record will remain in the individual’s criminal record and could trigger more severe charges if there is a subsequent arrest involving alleged DV.
Courts will issue a no-contact order as a condition of releasing an accused from jail. No-contact orders prevent the accused from having any direct or indirect contact with the alleged victim and remain in place until lifted by a judge. The accused cannot call, text, or interact with the complainant through social media, even if the alleged victim is the one who seeks the communication.
A goal-oriented Lake Mary domestic violence attorney could seek to have a no-contact order removed if the alleged victim asserts a desire to resume contact with the defendant.
The law takes domestic violence charges seriously. What might seem like a relatively minor incident could land you in jail and lead to permanent limitations on your rights. If you are facing domestic violence charges, you need legal representation you can count on. Call a Lake Mary domestic violence lawyer immediately to get a seasoned criminal defender in your corner.
The Umansky Law Firm Criminal Defense & Injury Attorneys