Orlando Domestice Violence Attorneys
Aggressive Legal Representation When It Matters Most
Domestic Violence can be a Challenging Area to Navigate and Finding Yourself on the Other Side of a Domestic Violence Charge can be a Tough Process
What is Domestic Violence in Florida?
According to the Florida Statute 741.28, domestic violence is any assault type of assault or battery, stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. These family or household members can be spouses, persons related to you by blood, or persons that are presently or have in the past resided together within the same household.
Types of Domestic Violence
- Physical Abuse – Striking, pushing, or using physical force
- Sexual Abuse – Forced sexual acts or unwanted touching
- Emotional & Psychological Abuse – Verbal threats, humiliation, or controlling behavior
- Financial Abuse – Withholding access to money, employment sabotage
- Cyber Abuse – Using digital devices to harass, threaten, or track someone
Every case is different. We treat each one with the individualized attention it deserves.
Common Defenses for Domestic Violence
A defendant can make the claim that they were simply acting in fear of their life or well-being because of the actions or comments made by the victim. They may possibly state that the other individual was the aggressor in the situation, and they felt the imminent need to react in self-defense.
The claim can be made that the accuser is making falsified statements. There must be sufficient proof or documentation to prove that the statements being made are indeed false. Sometimes the accuser may have a motive against the defendant and if that is proven it then helps facilitate the false allegation charge to be brought.
In some cases, there is not sufficient evidence to prove that the domestic violence act occurred. Your attorney can also challenge the credibility of any evidence presented and possibly deem it as insufficient to bring about such a charge.
This typically isn’t the strongest defense to use in most cases but this defense can be used to state that both individuals agreed to the particular act in question.
Penalties for a Domestic Violence Charge
If you are found guilty of a crime of domestic violence and you have caused serious harm to the other person you can be ordered by the court to serve a minimum sentence of 10 days for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense. If the offense was done in the presence of a minor under the age of 16 then the penalties can be more severe.
If the domestic violence charge is done so with another charge like assault or battery, then the penalties can become more severe. It can be either a misdemeanor or felony charge which both carry greater sentences and fines.