Roommate violence is any physical confrontation between two people who share a residence. It does not refer solely to two unrelated individuals who share a common living space – but it is a serious charge all the same.
Do not face an accusation of roommate violence without the help of a skilled domestic violence attorney. An Orlando roommate violence lawyer could offer wise counsel and robust advocacy from the time of the arrest up to the disposition of the case.
Any form of physical intimidation, confrontation, or violent contact could lead to a charge under the state’s violent crime statutes. Depending on the situation, a person accused of roommate violence might face one or more of the following charges:
Anytime a criminal act involving roommates results in physical harm to the alleged victim, a prosecutor could bring a violent crime charge.
The charge depends on the accused’s actions, the alleged victim’s injuries, and sometimes, the victim’s characteristics. For instance, if the person suffered only bruises, the charge will likely be less severe than if the incident resulted in a broken bone or the need for stitches. If the roommate was a vulnerable person because of their age or disability, the charge will likely be more severe.
The relationship between the accused and the accuser determines whether roommate violence is a domestic violence charge. Florida Statute § 741.28 defines a violent crime as domestic violence if the alleged victim is a spouse, ex-spouse, or related by blood or marriage. This includes incidents between people who live together or once lived together in an intimate or familial relationship, or between people who share a child.
When conduct is considered domestic violence, the charge is heard by a designated court and special procedures apply. If the charge is not related to domestic violence, the County Court will hear the case if it is a misdemeanor and the Criminal Circuit Court hears the matter if the charge is a felony.
A violent confrontation between two people who merely share rent and have no other attachment to each other is generally not considered domestic violence. An Orlando roommate assault attorney could help an accused prove that a relationship is not and has never been romantic, familial, or intimate in an appropriate case.
The alleged victim in a roommate violence case could seek an injunction against the roommate accused of violence. These injunctions, called restraining orders, usually require the accused to stay away from the alleged victim. When people are sharing space to save on rent, a restraining order keeping the accused out of their home could cause significant hardship.
Anyone facing a hearing on a temporary restraining order should immediately contact an Orlando attorney. The subject of the order typically gets only a few days’ notice of the hearing but attendance is critical. If the accused does not attend the hearing, the judge is likely to make the temporary order permanent.
A legal professional could argue that the facts do not support the need for a restraining order in a specific case. They also could inform the judge of the hardship the order will cause the accused and strive to find a solution that does not impose unnecessary inconvenience and expense.
An argument with a roommate could have significant consequences if it gets physical. A violent crime charge could lead to a criminal record, and if the prosecutor believes the case falls within the domestic violence statutes, there are multiple collateral impacts.
Do not face a criminal charge alone, even if you believe the situation is a misunderstanding that you can explain. An Orlando roommate violence lawyer could offer professional representation to give you the best chance of achieving a favorable resolution. Call today and speak with our trusted criminal defense lawyers.
The Umansky Law Firm Criminal Defense & Injury Attorneys
