Any incident involving violence towards another person is a serious matter. However, in Winter Garden, allegations of harm against a household member are even more severe. A conviction here can result in not only the typical criminal penalties that follow but also the imposition of restrictive protective orders that can affect every portion of the accused’s life.
It is critical that any individual who is facing accusations of committing a violent act against a family member be prepared to defend themselves in court. Hiring a Winter Garden domestic violence lawyer may be a step in the right direction. The Umansky Law Firm could work to protect its clients against the underlying criminal accusations and dispute any potential restraining orders. Do not leave your future up to chance; contact our skilled team of defense attorneys today.
There is no crime known as domestic violence in Winter Garden law. Instead, the concept describes an otherwise criminal act that is committed against a member of the household. A family or household member is defined in Florida Statute § 741.28 as any person with whom the defendant has ever lived. In addition, this typically includes:
Any violent or threatening act may be construed by Florida courts as an incident of domestic violence. Under Fla. Stat. § 741.28, typical examples include:
The severity of the punishment for a domestic violence crime is determined by the underlying charge. For example, under Fla. Stat. § 784.011, an assault is a misdemeanor of the second degree.
In addition, Fla. Stat. § 741.283 states that judges hearing cases involving domestic violence must sentence guilty parties to time spent in jail. This means that a finding of guilt will result in a minimum jail sentence of ten days for a first offense. A meticulous Winter Garden domestic violence attorney could fight in your corner to help prevent this from happening and ensure a proper understanding of the charges and potential penalties being faced.
It is bad enough that defendants charged with domestic violence face enhanced sentencing rules based upon the target of their alleged abuse. However, the law also allows courts to penalize defendants in other ways, often before the case goes to trial.
During an initial arraignment, the prosecutor or alleged victim can ask the court to put a protective order into place. This order will require the defendant to cease all contact with the alleged victim and could result in the defendant moving out of their home, losing property, and even surrendering visitation rights with children. If the prosecutor secures a conviction for a domestic violence charge, that order may become permanent. It is essential to fight back against domestic violence charges at an early stage in every case. A proactive Winter Garden attorney could work diligently to protect the rights of accused individuals from day one.
Allegations of domestic violence in Winter Garden are serious matters. A conviction under these laws requires a jail sentence and may come with other severe consequences such as being forced from your home or being unable to see your children. For this reason, it is essential to present a powerful defense from day one.
A skilled Winter Garden domestic violence lawyer could provide this defense. They work with accused individuals to identify goals, analyze the prosecutor’s case, and protect their rights at every stage. Contact The Umansky Law Firm today to schedule an initial consultation.
The Umansky Law Firm Criminal Defense & Injury Attorneys