Facing domestic violence charges can feel overwhelming. The accused often face stigma and fear of being judged before sharing their side. Florida’s zero-tolerance policies make this even more challenging. For example, alleged victims can’t “drop” charges even if they want to — that’s up to the prosecutor. Additionally, law enforcement can arrest without a warrant if they believe there’s probable cause.
Morris Law Firm, P.A. takes a determined approach to fighting for your rights, challenging biases, and ensuring you receive fair treatment in court. We have a clear understanding of the hurdles ahead and are committed to helping you protect your rights every step of the way.
Secure the legal help you need today. Call (727) 592-5885 or contact us online to schedule your free consultation.
What Is Domestic Violence Under Florida Law?
According to Florida Statute § 741.28, domestic violence is defined as any assault, battery, stalking, kidnapping, false imprisonment, or any criminal offense that results in physical injury or death of a family or household member committed by another family or household member.
What qualifies someone as a “family or household member” under the law? This category includes spouses, former spouses, individuals related by blood or marriage, individuals currently living together as a family, and those who have lived together in such a way in the past. It also applies to parents who share a child, regardless of whether they were married or lived together. Importantly, for this definition to apply, the individuals must share or have shared the same dwelling, except when the charges involve co-parents.
Both violent actions and non-violent actions may qualify as domestic violence. Even a minor incident like throwing a household item in anger could lead to serious allegations depending on the circumstances.
The broad language of domestic violence laws in Florida allows for prosecutors to take vigorous action in pursuing charges. Even without physical proof of injury, accusations alone can lead to significant legal battles. An accurate understanding of these definitions and their implications is critical to building a meaningful defense.
Penalties of a Domestic Violence Conviction in Clearwater
A conviction for domestic violence in Florida carries severe penalties that can significantly impact your life.
Criminal Penalties
Penalties for domestic violence convictions can range from misdemeanors to felonies, depending on the charges and any prior history. Some of the most common potential consequences include:
- Jail Time. Convictions often involve mandatory jail time, even for first-time offenders.
- Fines. Penalties can include fines that range in the thousands of dollars, depending on the severity of the charges.
- Probation. Probation sentences may include strict terms like regular check-ins, curfews, and participation in court-ordered programs.
- Batterer’s Intervention Program. Florida law mandates completion of a 26-week educational intervention program for individuals convicted of domestic violence.
Collateral Consequences
Beyond the courtroom, a domestic violence conviction can leave lasting impact on a person’s life:
- Loss of Firearm Rights. Convicted individuals can lose their right to possess firearms, which can impact personal safety and employment prospects.
- Damage to Reputation. A domestic violence conviction becomes public record, making it accessible to employers, landlords, and others, potentially tarnishing your reputation.
- Child Custody and Employment. Convictions can lead to difficulties retaining employment and negatively influence child custody arrangements in family court.
While no outcome is guaranteed in court, having an experienced legal representative to challenge the charges and build a strong defense gives you the right tools to address and mitigate these penalties.
How Do Legal Teams Defend Against Domestic Violence Charges?
There is no “one-size-fits-all” defense when it comes to domestic violence charges. Every case is unique, requiring a targeted and individualized approach. However, there are several common strategies that legal teams use to help safeguard the rights of clients accused of domestic violence.
Self-Defense
One of the most common defenses is self-defense. If the accused can prove they were protecting themselves against an immediate physical threat, the court may find that their actions were justified. Evidence such as injuries, preparation by the alleged victim, or credible testimony from third parties can support this claim.
Lack of Evidence
Prosecutors often rely on statements from the alleged victim or witnesses. However, in many cases, there may not be sufficient physical evidence or corroboration to substantiate the allegations. A lawyer can scrutinize police reports, medical records, and other documents to highlight weaknesses in the prosecution's case.
False Allegations
False or exaggerated accusations are not uncommon in domestic violence cases. This is particularly true during contentious divorces, custody disputes, or other high-conflict situations. A thorough investigation into motives, previous actions, and evidence inconsistencies is essential in these cases.
A well-prepared defense attorney will carefully examine the details of your case to create the most effective strategy for your situation. While no attorney can predict or promise specific results, a dedicated legal team can make sure that your story is heard in court while challenging any weaknesses in the prosecution’s case.
How Protective Injunctions Work in Domestic Violence Cases
Protective injunctions, often called restraining orders, are legal tools designed to prevent further contact or harm between two parties in domestic violence cases. Florida allows for five distinct types of injunctions:
- Domestic Violence Injunctions. These address harm or threats between family or household members.
- Sexual Violence Injunctions. Specific to cases involving sexual assault.
- Dating Violence Injunctions. Designed for individuals in romantic or intimate relationships who do not live together.
- Repeat Violence Injunctions. For instances where two or more acts of violence have occurred between unrelated parties.
- Stalking Injunctions. Filed in cases where repeated harassment or stalking has created fear.
Filing and Hearing Process
To file an injunction, the petitioner must submit their request to the court along with detailed reasons and any available evidence supporting their claims. If the court deems the situation urgent, a temporary injunction is issued immediately.
A granted injunction can carry significant consequences for the respondent. It may require them to vacate shared properties, limit their movements, or restrict communication with the petitioner. Violating an injunction carries criminal penalties, including fines and jail time.
Even allegations leading to an injunction can seriously impact your daily life, career, and family relationships. This is why having legal representation is critical during injunction hearings to challenge the claims made against you and protect your rights.
We Aggressively Defend Against Domestic Violence Charges
When domestic violence accusations threaten to disrupt your life, you need a legal team that will act quickly and strategically to provide you with strong representation. Here's what sets our firm apart:
- Free and Confidential Initial Consultation. We offer an initial consultation to lay out your next steps, all without any financial obligation.
- Attorneys on Call. You will have direct access to your attorney via phone, email, or text, ensuring you can get answers to your questions when you need them most.
- Affordable Payment Plans. We will work with you to create a payment plan that gives you qualified legal representation without added financial stress.
- Former State Prosecutor. With years of experience as a former prosecutor, Melinda Morris has handled thousands of criminal cases and understands how the State builds its arguments, giving you unique insights into the prosecution’s tactics.
- Backed by Over 20 Years of Experience. Our work is grounded in long-standing experience handling cases ranging from misdemeanors to complex criminal trials.
- Same-Day Representation: We provide same-day representation services so that we can start on your case immediately.
Let our lawyers help you manage this difficult legal challenge. Call (727) 592-5885 or reach out online today to arrange your no-cost consultation.
