Orlando Domestic Violence Lawyer

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.

What Is Considered Domestic Violence?

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 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:

Penalties For Domestic Violence in Florida

If charged with domestic violence, assault and battery, or spousal abuse in Florida, you could face the following:

  • Protective Injunction
  • Mandatory counseling
  • Mandatory jail time
  • No contact with the victim/spouse or your children
  • Fines and court costs
  • Batterer’s intervention program
  • Anger management class
  • Mandatory incarceration if convicted
  • No return to your residence
  • Probation
  • Community Service

The specific consequences for domestic violence charges 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:

  • Second degree: Up to 60 days in jail and a monetary fine of up to $500
  • First degree: Up to one year in jail and a monetary fine of up to $1,000

Felony Domestic Violence Charges:

  • Third degree: Up to five years in jail and monetary fines up to $5,000
  • Second degree: Up to 15 years in prison and monetary fines up to $10,000

Proving a Case of Domestic Violence Under Florida Law

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:

  • Spouses or former spouses
  • People related by blood
  • People living together as family, or people who have done so in the past
  • People who have a child together, regardless of whether they were ever married

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.

Defending Domestic Violence Charges

Any type of domestic violence charge is serious and accusations of domestic violence 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:

  • The victim was lying: Victims may make allegations of domestic violence out of spite or anger in an effort to try to gain the upper hand in a divorce or custody case. Your criminal defense lawyer will look for inconsistencies in the evidence and the victim’s version of events to show that they’re not telling the truth.
  • Self-defense: Your attorney may argue that you were acting in self-defense. This involves using evidence to show that the other party intentionally inflicted physical harm and you exercised reasonable force to protect yourself. In self-defense situations, reasonable force is necessary.
  • Lack of intent: Domestic violence involves knowingly committing an act that will most likely result in physical harm. In some cases, an accidental action may result in injury to a partner or spouse. If a defendant didn’t intend to cause harm or instill fear in the alleged victim, charges of domestic violence may be reduced or dismissed.
  • Mislaid blame: A victim may have medical records that show assault-related injuries, but that doesn’t mean that the defendant is the one who caused them. If you didn’t commit the act you’ve been charged with, your attorney will need to gather witnesses who will testify that you were not at the scene of the incident.

An Orlando defense attorney will help you understand and sort out the appropriate defenses to execute based on the circumstances of your case.

Can a Domestic Violence Charge Be Expunged?

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.

Get Help From an Orlando Domestic Violence Attorney

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.

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    Orlando Domestic Violence Lawyer