In Florida, domestic violence is taken very seriously. The state investigates and prosecutes these offenses with the goal of protecting public safety. These crimes can range from less serious misdemeanors to more severe felonies, with the latter carrying much harsher penalties.
Melbourne Domestic Violence Defense Attorney
While being charged with domestic violence can feel overwhelming, it’s important to remember that a charge is not the same as a conviction. There are often many opportunities for a defense lawyer to help. A domestic violence defense attorney’s efforts can make a significant difference, not just in fighting to avoid a conviction, but also in reducing the impact if a conviction seems likely.
Contact our office at (321) 775-3559 or fill out our online form for a consultation on how we can defend you against dating violence charges.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
- Specific Offenses
- Maximum Jail Time and Fines
- What Are Potential Defenses in Domestic Violence Crimes Cases?
- Criminal Process for Individuals Facing Domestic Violence Charges
- Collateral Consequences of a Domestic Violence Conviction
- What Are Potential Alternatives to Incarceration?
- What Can a Domestic Violence Defense Lawyer Do?
- Additional Resources
- Hire a Domestic Violence Lawyer in Orange County FL
Specific Offenses
- Domestic Assault | Domestic Battery – Florida Statutes Section 741.28: Domestic assault occurs when one family or household member physically harms or threatens to harm another. Florida law defines “family or household members” broadly when dealing with domestic violence cases, including spouses, people who share a child, couples who live together, and others. It is classified as a misdemeanor but may escalate to a felony for repeat offenses.
- Dating Violence – Florida Statutes Section 784.046: Dating violence occurs when one person harms or threatens to harm someone they are or were romantically involved with. The relationship must have existed within the last six months with an expectation of affection or sexual involvement.
- Domestic Violence Injunction for Protection | Restraining Order – Florida Statutes Section 741.30: This court order is designed to protect a person from domestic violence and may include prohibiting contact or granting temporary custody of children or pets to the victim.
- Violation of a Domestic Violence Injunction – Florida Statutes Section 741.31: A violation occurs when someone disobeys an order, such as going near the protected person’s home or contacting them directly. This is a first-degree misdemeanor but can escalate with repeated violations.
- Stalking | Harassment | Cyberstalking – Florida Statutes Section 784.048: Stalking involves repeatedly following or harassing another person, causing significant distress. It can escalate to a felony when combined with threats or violations of protective orders.
- Child Abuse and Neglect – Florida Statutes Section 827.03: This involves causing or risking harm to a child, with penalties varying based on the severity of harm and intent.
- Domestic Battery by Strangulation – Florida Statutes Section 784.041: This occurs when a person restricts another’s breathing, creating a risk of serious injury. It is classified as a third-degree felony.
- Aggravated Battery – Florida Statutes Section 784.045: This involves serious injury or the use of a deadly weapon and is classified as a second-degree felony, especially if the victim is pregnant.
- Interfering with a 911 Call – Florida Statutes Section 914.22: This includes actions that prevent someone from making an emergency call and can be charged as a felony.
What Are Potential Defenses in Domestic Violence Crimes Cases?
- Self-Defense: Applicable when the accused used force to protect themselves from imminent harm. The force used must be proportionate to the threat faced.
- Defense of Others: Used when the accused acted to protect another person from imminent harm, with the force being necessary and proportionate.
- Defense of Property: This applies when force is used to protect property from being unlawfully taken or damaged, though deadly force is generally not allowed.
- Lack of Intent: If the accused did not intend to cause harm, this defense can negate the specific intent required for a conviction.
- False or Exaggerated Allegations: Sometimes accusations are false, often due to revenge or custody disputes. The defense can focus on inconsistencies or lack of evidence.
- Mutual Combat: If both parties willingly engaged in the altercation, this defense may reduce or dismiss charges.
- Consent: This rare defense is used when the alleged victim consented to the act now labeled as domestic violence.
Criminal Process for Individuals Facing Domestic Violence Charges
- Mandatory Arrest Policy: Florida law requires officers to arrest if there is probable cause that domestic violence occurred, regardless of the victim’s wishes.
- No Bond Until First Appearance: Defendants may remain in custody until a judge holds a hearing, usually within 24 hours, to decide bond and any conditions.
- Enhanced Penalties: Florida law imposes harsher penalties for domestic violence than similar non-domestic offenses, often including mandatory intervention programs.
- State Attorney’s Role: The decision to pursue charges rests with the State Attorney, even if the victim wants to drop charges, relying on evidence collected.
Collateral Consequences of a Domestic Violence Conviction
- Employment Challenges: A conviction can make it harder to find a job, especially in fields requiring security clearance or work with vulnerable populations.
- Impact on Housing: Landlords may deny housing based on a conviction, and restraining orders can restrict access to one’s home.
- Loss of Firearm Rights: Convictions often lead to loss of the right to own or possess firearms under federal law.
- Child Custody and Visitation: A conviction can impact custody arrangements, potentially requiring supervised visitation.
- Public Reputation and Personal Relationships: A conviction can damage social standing and strain relationships.
- Financial Strain: Legal costs, fines, and loss of employment can result in significant financial challenges.
- Professional Licenses: Certain licenses may be revoked following a conviction, impacting careers in fields like medicine or teaching.
- Educational Opportunities: Criminal records can affect admission to educational institutions and access to scholarships.
What Are Potential Alternatives to Incarceration?
- Probation: Allows individuals to remain in the community under court-ordered conditions such as counseling and maintaining employment.
- Community Control: A more intensive form of supervision, often involving electronic monitoring or house arrest.
- Pretrial Diversion Programs: Available for first-time offenders, these programs may include counseling and result in charge dismissal upon completion.
- Batterers’ Intervention Program (BIP): A court-mandated program aimed at addressing the root causes of violent behavior.
- Substance Abuse Treatment: Focused on rehabilitation when substance abuse contributed to the offense.
- Restitution: Compensating the victim for damages or losses as part of sentencing.
What Can a Domestic Violence Defense Lawyer Do?
- Explain the Charges and Process: A lawyer helps you understand the charges and what to expect in the legal process.
- Protect Your Rights: They ensure that your rights are respected throughout the case.
- Help with Court Appearances: A lawyer guides you through court procedures and represents you during appearances.
- Communicate on Your Behalf: They handle communication with the court, police, and other parties.
- Negotiate for You: Your lawyer may negotiate plea deals or reduced charges.
- Help with Evidence: A lawyer can gather helpful evidence and challenge the prosecution’s case.
- Guide You Through Decisions: They provide guidance on legal strategies and options.
- Provide Emotional Support: A lawyer can offer support during the stressful legal process.
Additional Resources
Florida Statutes on Domestic Violence – The official Florida law contains definitions and legal guidelines regarding domestic violence. It outlines the responsibilities of law enforcement, legal proceedings, and the rights of victims. The laws also describe the penalties associated with domestic violence offenses, including minimum jail time.
Batterers’ Intervention Program – List of Providers – This resource from the Florida Courts provides a list of certified Batterers’ Intervention Programs. The list is maintained by the Florida Department of Children and Families and is regularly updated. For anyone needing to comply with a court order, this resource is helpful in finding an appropriate program.
Domestic Violence Statistics – The Florida Department of Children and Families provides statistics on domestic violence across the state. This resource highlights the prevalence of domestic violence, including the number of reported incidents, arrests, and the services provided to survivors. It also explains the impact of domestic violence on families and the importance of support services and intervention programs.
Florida Domestic Violence – This resource from the National Library of Medicine offers an overview of domestic violence in Florida. It outlines the legal definitions, the roles of healthcare providers in identifying and treating survivors, and the state’s requirements for reporting and education. The resource also discusses the cycle of abuse, risk factors, and the impact of domestic violence on individuals and communities.
Hire a Domestic Violence Defense Lawyer in Brevard County FL
If you have been charged with Domestic Violence along the Space Coast, you need to contact an experienced defense attorney immediately. Contact the office of Mark Germain at (321) 775-3559 or fill out our online form for a consultation on how we can defend you against dating violence charges.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
