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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 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 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 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 Florida. 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 expert 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.