As former Florida prosecutors, we’ve tried hundreds of cases and bring a rare insider’s perspective to every defense. We understand how cases are built on both sides, which helps us negotiate more effectively, positioning each case for the strongest possible outcome.
Domestic violence has become a hot topic in our society, having risen in public consciousness due to highly publicized cases. Whenever law enforcement feels there is even the slightest suspicion of domestic violence, an arrest will be made. Even if you claim everything is fine, it is difficult to prevent an arrest once a determination has been made by police. Many cases proceed to trial whether a complainant wants the case to continue or not. If you have been accused of this crime, you need experienced help from an Orlando domestic violence lawyer. One of our quality criminal defense attorneys is available to speak with you.
Domestic violence is known by many different names, such as domestic abuse, spousal abuse, and family violence. Whether it occurs between a married couple or unmarried couple, parents and children or other family members, domestic violence does not have to be something that is ongoing. According to Florida law, even one action can constitute domestic violence.
Domestic violence in Orlando, FL is defined as any criminal action that results in the physical injury to or death of a family/household member by another family/household member. This is a term that encompasses many different types of specific crimes, including:
If charged with domestic violence, assault and battery, or spousal abuse in Florida, you could face the following:
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The specific consequences for domestic violence charges in Orlando are dependent on the level of the charge you are facing. Below are some of the general penalties imposed per degree of charge, and whether or not it is a misdemeanor:
Misdemeanor Domestic Violence Charges:
Felony Domestic Violence Charges:
There are several factors that the prosecution must prove in order to demonstrate that a case was domestic violence, including proof of a domestic relationship. That is, in order for an act to be domestic violence, the victim must have some family-like relationship with the person engaging in domestic violence. In Florida, the following relationships are covered under the domestic violence statute:
In cases where there’s confusion or a dispute as to whether there was, in fact, a domestic relationship, Florida courts weigh three factors. Courts look at the overall length of the relationship, the nature of the relationship, and how often the people involved interacted with each other at the time of the alleged violence.
It’s important to note that domestic violence laws in Florida aren’t designed to govern over a casual relationship, and courts in Florida provide enhanced protections for people in domestic relationships that turn violent as a means to stop patterns of physical, emotional, and psychological abuse.
Any type of domestic violence charge in Orlando is serious and accusations of it can cause you to feel abandoned by your friends and family. When you work with The Umansky Law Firm, you will have a former prosecutor on your side that will give you an edge inside and outside of the courtroom. Everyone is entitled to tell their side of the story during a fair trial in Orlando. It is our job to make sure your argument is strong, your rights are protected and your future is not jeopardized. Common defenses against domestic violence charges include:
An Orlando defense attorney will help you understand and sort out the appropriate defenses to execute based on the circumstances of your case.
If you are fortunate enough to get your domestic violence case dismissed there is a chance you may be able to expunge the charges from your record. However, it is important to understand that you must have the charges dropped and no other convictions on your record. When this is the case, the expungement statute in the State of Florida can help you move forward and avoid complications in your future due to your arrest. Call our Orlando domestic violence defense attorneys if you have been charged and need representation.
Florida law requires anyone arrested for domestic violence to appear before a judge for a first appearance hearing before any bond is set, and this typically happens within twenty-four hours of the arrest. Unlike many other charges, a judge cannot simply release you on your own recognizance for a domestic violence offense without first evaluating the circumstances of the alleged incident. Conditions of release almost always include a no-contact order with the alleged victim, and violating that order, even accidentally, can lead to new charges and a return to jail. Our Orlando attorneys can appear at your first appearance after a domestic violence charge to advocate for reasonable bond conditions and help you understand what is expected of you while your case moves forward.
Many people assume that if the alleged victim no longer wants to pursue the case, the charges will automatically go away. However, the State Attorney’s Office, not the victim, decides whether to prosecute a domestic violence case. Prosecutors have historically pursued these cases even when the alleged victim is uncooperative or wishes to withdraw the accusation. Our attorneys frequently work directly with Orlando prosecutors to present mitigating evidence and advocate for a reduction or dismissal in domestic abuse cases when the facts support it.
A conviction for domestic violence can result in the loss of your right to own or possess a firearm under both state and federal law. Even a withhold of adjudication on certain domestic violence charges may trigger firearm restrictions. Because these consequences extend well beyond the courtroom, our attorneys work to protect long-term interests, not just the immediate criminal penalty.
A domestic violence injunction, often called a restraining order, is a civil court order requested by an alleged victim, while a domestic violence charge is a separate criminal matter initiated by law enforcement and prosecuted by the state. It is possible to face both simultaneously, and each carries its own hearings, deadlines, and consequences. Our team can represent you in both the criminal case and any related injunction proceeding to help you respond effectively.
Our attorneys are former prosecutors who have tried hundreds of cases and understand how the state builds its arguments. That insider perspective allows us to anticipate the prosecution’s strategy and prepare a thorough defense tailored to your circumstances from the earliest stages of your case. We have represented thousands of clients throughout Orlando and the surrounding counties, and we are prepared to fight for the best possible outcome in a domestic violence charge on your behalf.
If you have been accused of domestic violence or child abuse in Florida, contact an Orlando domestic violence lawyer at The Umansky Law Firm today for a free case review. During this review, we can evaluate all of the information related to your case and begin developing a defense using a state-of-the-art strategy planning tool.
The Umansky Law Firm Criminal Defense & Injury Attorneys
The Umansky Law Firm Criminal Defense & Injury Attorneys
