Domestic Violence | Battery
St. Petersburg Domestic Violence Lawyer
The Morris Law Firm has specific knowledge and experience in domestic violence battery defense. Melinda Morris, managing partner of The Morris Law Firm, is an experienced criminal defense attorney in St. Petersburg who served in the Domestic Violence Division while she was a State Assistant Attorney in Clearwater, Pinellas County, Florida.
In fact, Ms. Morris was responsible for prosecuting a range of very serious domestic violence offenses from investigation through trial. As well, Ms. Morris received special training on prosecuting domestic violence cases from the State of Florida. For a Florida domestic violence attorney, this inside knowledge is of critical importance and can benefit the defense of your domestic violence case in the Tampa / St. Petersburg / Clearwater area.
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You have a very narrow window of time between when you are arrested and when the State Attorney's office makes a decision to file a criminal charge against you. Hiring an attorney imeediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.
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Act now to consult with an attorney and find out how to best protect your rights and future opportunities. Domestic Violence consequences can be far reaching, including but not limited to, negatively affecting your employment, military, or academic status, prohibiting you from attending your child’s school or recreational activities, ineligibility to have your record sealed, and a possible lifetime ban on your right to own a firearm. Morris Law Firm represents DUI clients throughout Pinellas County and the entire Tampa Bay area, including Clearwater and St. Petersburg, Bartow in Polk County, New Port Richey and Dade City in Pasco County, Bradenton in Manatee County, Bartow in Polk County, and Sarasota County, FL.
Florida Domestic Violence:
The Tampa Bay area and surrounding counties, including Pinellas County, have a special division in their judicial systems made especially for domestic violence cases. Because there is such a stringent policy against those accused of domestic violence, there is great pressure on police and prosecutors to get results.
Going into any case that involves domestic violence without experienced legal minds is unadvised, and representing oneself in court will possible make matters worse. Domestic Violence cases in Pinellas County and the surrounding areas are usually handled in special divisions where specially trained prosecutors handle the cases.
With such a specialize form of prosecution coming at those accused of domestic violence battery in Clearwater and St. Petersburg, you need a legal defense team just as specialized. The Morris Law Firm has successfully defended many domestic violence cases in the Pinellas County area and Florida as a whole.
Due to the intimate or passionate nature of domestic violence cases, often-times alleged victims and the accused will reconcile. However, an accuser cannot have the charges dropped merely because he or she refuses to cooperate with the prosecution.
A “no contact” provision is often used in Florida cases of domestic violence. This provision means that the accused can have no contact with the accuser. This can be complicated if the alleged victim decides to start contacting the accuser on their own volition. If this does occur, legal representation will need to step in and get the “no contact” provision amended.
Domestic Violence Legal Representation:
Private, intimate, and psychologically difficult, domestic violence cases are hard on suspects and accusers alike. Filled with laws and statutes that can forever destroy the bonds of a family, the waters of domestic violence and related problems should never be navigated alone. With dire consequences ready to begin from the moment of arrest, you cannot delay in securing your legal representation.
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The Morris Law Firm is a full service criminal defense firm that will:
Strive To Minimize Your Court Appearances:
- As your domestic violence lawyer, we can appear in court on your behalf, and save you time from missing work. We represent clients in Clearwater / St. Petersburg / Tampa areas and all surrounding counties.
- It may be possible to resolve your case without your appearance in Court or the need for a trial.
Investigate, Assess & Analyze Your Case:
- With experience as a Former State Prosecutor, an attorney will assess the case against you and explain the possible outcomes.
- As your domestic violence lawyer, we will research all legal issues in your case and pursue the best possible resolution for you.
Negotiate on Your Behalf:
- With our local knowledge of the State Attorney’s Office in Clearwater, Pinellas County, Florida and surrounding counties through the Tampa Bay area, we will immediately communicate with the prosecutor and negotiate on your behalf. In many cases the prosecutor has the discretion to file reduced charges, or to not file charges at all.
Prepare Your Defense:
- We will strive to file any necessary motions to dismiss or motions to attempt to exclude evidence in an effort to maximize your opportunity for a positive outcome.
- As your domestic violence lawyer, we will represent you at any necessary pre‐trial hearings, pre‐trial motions, and at trial.
Conclude Your Case:
- We will continue to advocate your case at sentencing, to attempt to reduce any negative impact on you.
- If possible, we will work on your behalf to have your records sealed or expunged.
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Domestic violence is one of the most commonly charged offenses throughout St. Petersburg, Pinellas County and the entire Tampa Bay Area. Domestic violence arrests are so prevalent in Pinellas County, that the Pinellas County State Attorney's Office has created a special division of prosecutors to handle these cases exclusively. The Morris Law Firm has successfully defended domestic violence cases.
Most individuals equate domestic violence as a fight between a husband and wife. However, the Florida statutes set forth a very wide range of criminal offenses committed by one family or household member against another family or household member. There is no doubt that a domestic violence charge jeopardizes your future liberty, reputation and your relationship with the other party. Some of the implications of a domestic violence charge include losing your parental rights, losing contact with your family and of course jail or prison time.
Domestic violence cases can have many faces. You may be falsely accused by your domestic partner of battery or a restraining order has been temporarily ordered against you on the basis of false accusations. In other cases your domestic partner does not want you prosecuted and wants to remain in contact with you, yet the State Attorney’s Office or law enforcement are pursuing charges of domestic violence against you.
Types of Domestic Violence Cases:
The law in the State of Florida establishes that a domestic violence offense occurs when one family or household member commits any of the offenses listed below against another family or household member.
- Assault or Aggravated Assault
- Battery or Aggravated Battery
- Stalking or Aggravated Stalking
- Kidnapping
- False Imprisonment
- Sexual Assault or Sexual Battery
- Any offense that results in physical injury or death
Domestic Violence Injunctions:
In St. Petersburg, Pinellas and Hillsborough County and throughout the Tampa Bay area, criminal domestic violence cases are often closely tied with domestic violence injunction cases. If a family member is a victim of domestic violence, stalking or harassment, they may file a petition for an injunction for protection against domestic violence. In most cases, the victim files this document in family court. If the facts warrant, a judge will issue a temporary injunction and set a hearing in the future to determine whether the injunction will remain in place, made permanent, or dismissed. The Morris Law Firm attorney defends our clients at permanent injunction hearings. It is important to hire a specialized domestic violence attorney, because having a permanent injunction on your record carries certain harsh penalties. The injunction will become a permanent part of your record. Having a domestic violence injunction against you will also result in you not being able to possess a firearm. You will be closely examined upon entering or leaving the country. Another consequence associated with a domestic violence injunction is potentially being required to take twenty-six (26) weeks of Domestic Violence classes.
To speak with a skilled St. Petersburg Domestic Violence Attorney regarding your Domestic Violence criminal charge, or your Domestic Violence Injunction hearing, call the Morris Law Firm or fill in our online form for a free consultation to discuss all of your options and learn how we can defend your rights.
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Just because a person is arrested for domestic violence by the police, does not necessarily mean that they will be convicted or even charged with a crime by the prosecutor. The Morris Law Firm defends domestic violence cases throughout Pinellas County and the entire Tampa Bay Area on a routine basis. We have an excellent reputation for obtaining outstanding results for our clients. Once we begin to defend or represent a client as the domestic violence lawyer, it is not uncommon for the charges alleged by the police to be reduced by the prosecutor or even dropped. In order to protect your future, you must hire a criminal defense lawyer that specializes in domestic violence cases. We always provide outstanding representation for our clients and do everything legally possible to defend your rights. We spare no time or expense to ensure that our clients receive the best possible outcome in their domestic violence case.
Over the years, we have found that many clients are falsely accused by their spouses or family members. There are many reasons that false reports are made in domestic cases. Insecurity, infidelity, financial distress, stress at work and issues relating to children can often form the basis for a domestic violence claim. Our experience as a domestic violence lawyer has also taught us that many times, the person making the domestic violence accusation is the person who initiated or committed the violence. We will carefully review the facts and circumstances of each case and personally investigate the evidence that the prosecution has obtained to prosecute their case. With our representation, the client can rest assured that we will actively pursue all evidence and witnesses that will assist in proving that our client is not guilty of domestic violence.
Potential Defenses include:
- Victim Recantation
- Failure to Read Miranda Warnings
- Lack of Intent
- Alibi
- Mistaken Identity
- Self Defense
- Defense of Others
- Defense of Property
Domestic Violence “He Said, She Said”
Not just in Florida, but in the entire nation, domestic violence cases are subjective. If you are the victim of false accusations, you need a lawyer on your side. Our attorneys can guide you on how to proceed and how to protect yourself. In cases that can lack hard evidence, any shred of doubt is enough to protect you from lies.
Our attorney will not only look into the actual alleged event, but will also examine the arrest for any rights violations. If you’re Miranda Rights have been violated or there has been any other prosecutorial malfeasance, then that is grounds for dismissal. A cool head and strong legal advice will be needed, and Attorney Melinda Morris can provide both.
Pinellas County Restraining Order:
Domestic restraining orders and domestic violence charges often go hand-in-hand. Though a restraining order may look like a simple document at its surface, there are several intricacies that should be looked over first. Even if you are not aware of every bit of the order’s rules, one violation can be a ticket to a permanent restraining order or a trip to jail facing more charges. Without proper management from one of our legal representatives, a restraining order can lead to even deeper troubles than the initial charges.
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Domestic Violence is a specialized form of assault or battery, and may be charged as a misdemeanor or a felony. The penalties however are enhanced, and the consequences are far more serious. Incarceration may be for up to one year in a misdemeanor case, and up to life in a felony case for certain types of Domestic Violence.
If you are charged and convicted of felony domestic violence, you will receive a strike on your criminal record under Florida’s three strikes law. A second felony conviction sentence could then be doubled, and a third conviction may result in a life sentence. You may also receive other enhanced penalties which could include steeper fines.
You May:
- Face Jail or prison time
- Probation
- Face fines
- Be required to attend a batterers' intervention program
- Be required to attend substance-abuse treatment
- Lose your right to carry a firearm
- Be required to pay restitution
- Have a permanent criminal record
Consequences of Domestic Violence Arrest:
Like any violent crime, domestic violence can carry a hefty cost in legal and social terms. The greatest impact though is at a personal level. Some of the most important of these consequences are:
- Domestic violence charges can be used as “ammunition” in divorce and child custody hearings.
- A plea of “guilty” or “no contest” can be just as devastating to a permanent record as a full-blown conviction and can carry a stigma, including later applications for employment.
- A conviction will prevent the accused for ever legally owning a firearm.
Domestic violence records cannot be sealed or expunged once a judgment is made, even under a plea of “no contest”.
Dangers of Florida Domestic Violence Plea Bargains:
Even if a person takes a plea bargain to a lesser sentence, they can still face life-altering punishments:
- Extensive hours of community service
- Court-mandated Batterers’ Intervention Program (Can last 29 weeks)
- Prison sentence or a extended probation.
- A “no contact” ruling that qualifies as a probation violation if the rule is broken.
With so many major consequences hanging over your head, getting an experienced domestic violence attorney is the only logical solution. One mishap could cost the accused their freedom or even more. Contact our expert domestic violence lawyers today.
§ 741.281 Court to order batterers' intervention program attendance. If a person is found guilty of, has had adjudication withheld on, or has pled nolo contendere to a crime of domestic violence, as defined in § 741.28, that person shall be ordered by the court to a minimum term of 1 years’ probation and the court shall order that the defendant attend a batterers' intervention program as a condition of probation. The court must impose the condition of the batterers' intervention program for a defendant under this section, but the court, in its discretion, may determine not to impose the condition if it states on the record why a batterers' intervention program might be inappropriate. The court must impose the condition of the batterers' intervention program for a defendant placed on probation unless the court determines that the person does not qualify for the batterers' intervention program pursuant to § 741.325. The imposition of probation under this section shall not preclude the court from imposing any sentence of imprisonment authorized by § 775.082.
§ 741.283 Minimum term of imprisonment for domestic violence. If a person is adjudicated guilty of a crime of domestic violence, as defined in § 741.28, and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 5 days in the county jail as part of the sentence imposed, unless the court sentences the person to a non-suspended period of incarceration in a state correctional facility. This section does not preclude the court from sentencing the person to probation, community control, or an additional period of incarceration.
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What is Domestic Violence? |
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Under the provisions of Florida Statute 741.28 , domestic violence means any assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit. This can include but is not limited to:
- Physical Abuse: pushing, slapping, kicking, punching, chocking and beating;
- Emotional/Verbal Abuse: threats, verbal intimidation, following and stalking or acting out in anger;
- Sexual Abuse: any unwanted touching or forcing of someone to engage in a sexual act against his or her will.
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What should I do if I am placed under arrest for domestic violence? |
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If you are placed under arrest for a domestic violence offense you should remain silent until you have an attorney present. Without an attorney present, anything you say or do can (and will) be used against you in court. Contact the Morris Law Firm if you need legal advice for a domestic violence issue in Florida. |
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The person who accused me of domestic violence has decided not to press charges. Can I still be charged? |
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Yes. The State Attorney's Office can press charges even when the victim does not want to. It is in the sole discretion of the State Prosecutor to decide whether to formally charge you with domestic violence, spousal abuse or child abuse. |
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If I am convicted of domestic violence will I have to attend special classes? |
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If convicted of domestic violence you may be required to attend anger management classes and possibly alcohol or drug counseling. This is a part of rehabilitation that the court may sentence in order to prevent further criminal offenses. |
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Can I avoid a jail sentence for a misdemeanor domestic violence conviction? |
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In some instances a skilled domestic violence attorney can request that you attend counseling and anger management courses instead of being incarcerated for a misdemeanor domestic violence offense, but it will depend upon the specific case. |
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Does domestic violence count as a strike on my record? |
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Yes. If you are charged and convicted of felony domestic violence, you may receive a strike on your criminal record under Florida’s three strikes law. A second felony conviction sentence could then be doubled, and a third conviction may result in a life sentence. You may also receive other enhancement penalties which could include steeper fines. |
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What is a Domestic Violence Injunction? |
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This is a petitioned order coming from the Court through the Domestic Violence Office that helps a victim (Petitioner) allow the Court jurisdiction over the parties noted and puts provisions in place as to avoidance of any further acts of violence. |
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If there is a restraining order issued against me, can I still call the person accusing me of abusing them? |
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No. Simply put, if there has been a restraining order or order of protection issued against you, you are not allowed to contact or attempt to contact the alleged victim in any way. This would include in person, telephone, email and fax or through a third party. |
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I was accused of raping my spouse. How is this possible? |
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Anytime a person forces another to have sex against his or her will, this is considered rape. This applies even to spouses or individuals who are in a relationship. |
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Why is it important to hire a domestic violence lawyer? |
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A knowledgeable domestic violence lawyer will be able to protect your legal rights and your future. A domestic violence accusation is very serious, and without the aid of a qualified criminal defense attorney you may face harsh penalties. The Morris Law Firm provides excellent legal representation to clients in the St. Petersburg, Tampa and surrounding Tampa Bay areas. The Morris Law Firm is committed to achieving outstanding results for clients’ domestic violence cases. |
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Florida Department of Children & Families
Florida Abuse Hotline - 1-800-96-ABUSE (22873)
The Florida Abuse Hotline serves as the central reporting center for allegations of abuse, neglect, and/or exploitation for all children and vulnerable adults in Florida.
Florida Department of Children & Families
Florida Domestic Violence Hotline - 1-800-500-1119
The Domestic Violence Program serves as a clearinghouse on domestic violence information.
National Center for Victims of Crime
The National Center for Victims of Crime is nationally committed to provide assistance and rebuild the lives of victims of crime. Vaulable resources on dating violence are available online.
American Bar Association
Tort Trial & Insurance Practice Section and Commission on Domestic Violence announces a Domestic Violence Safety Plan
CASA (Community Action Stops Abuse)
A Domestic violence agency serving the St. Petersburg area. CASA strives to outsource a powerful voice against violence through advocacy, empowerment, and social change.
Hotline number: (727)895-4912 x 1
PO Box 414
St Petersburg, FL 33731
Administration: (727) 895-4912 x111
Fax: (727) 821-7101
FCADV (Florida Coalition Aganist Domestic Violence)
FCADV provides various services to victims of domestic violence. Florida has 42 serving domestic violence centers serving 67 counties.
425 Office Plaza Dr.
Tallahassee, FL 32301
Phone: (850) 425-2749
Fax: (850) 425-3091
Hotline: 1-800-500-1119
TTY Hotline: 1-800-621-4202
The Haven of RCS
Domestic violence agency in Pinellas County that provides safe sheltering and counseling services to victims of domestic violence. Available 24 hours a day, 7 days a week.
Hotline number: (727)442-4128
PO Box 10594
Clearwater, FL 33757
Outreach: (727) 441-2029
Administration: (727) 584-3528
Fax: (727) 461-5057
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The Bottom Line, Protect Yourself
Domestic Violence takes occurs in many forms and is mired in complexity. The involvement of the state government makes it even harder to follow without a guide. Our attorneys have years of practical and functional knowledge when it comes to domestic violence cases in St. Petersburg, Clearwater, and Pinellas County.
If you have been arrested or are facing charges related to domestic violence, you need an attorney. If you are facing any of these charges, have a restraining order placed on you, or are dealing with a “no contact” provision, our talented law firm is exactly what you need on your side.
Contact a criminal defense attorney for Clearwater and St. Petersburg to fight your case for any domestic violence felony charge or misdemeanor charge such as domestic battery, domestic assault, tampering with a witness, interference with 911, or child endangerment case throughout the Tampa Bay area including Tampa, St. Petersburg, Bartow, New Port Richey, Dade City, Plant City, including the counties of Hillsborough, Polk, Pasco, and Pinellas or the surrounding areas. Contact us at (727) 388-4736 to speak with an attorney who can begin preparing your defense today.
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