Domestic Violence Under Florida Law
Orlando Domestic Violence Attorney
Have you been charged with domestic violence in Orlando or in any other place in Florida? If so, you should contact our Orlando domestic violence lawyer as soon as possible. These crimes are taken very seriously under Florida Law and can have long lasting consequences for those found guilty.
Any time an individual is charged with a criminal case, the defendant and his family typically find themselves in a frightening and stressful place.
When the allegations of criminal conduct involve threats or violence against another family member, the situation can become even more difficult.
What is domestic violence?
Under Florida law, the term domestic violence, also called domestic abuse, encompasses a wide range of criminal offenses committed by a member of a family or household against another one. Although domestic violence usually follows a repeated pattern within the family, an isolated offense will also be considered a case of domestic violence. Defense attorney David Hill handles domestic violence cases, which may occur between the couple, siblings, parents and children or any other family member.
Household members are defined by Florida Law as:
- Spouses or former spouses
- People related by blood or marriage
- People residing together as if a family or who have resided together in the past as if a family
- Parents who have a child in common regardless of whether they have been married
Domestic violence crimes are a hot topic in many communities in Orlando, throughout Central Florida, and across the country due to an increase of media exposure and political pressure to address and reduce domestic violence offenses. This increased awareness of domestic violence issues has led to a more aggressive approach in prosecuting any allegation of a domestic violence crime.
Unfortunately, this has also resulted in many innocent people facing charges which are unwarranted, as well as those who are falsely accused of domestic violence in the heat of the moment. The best defense against these accusations is to seek legal representation of an experienced domestic violence attorney.
Types of Domestic Violence
Among the types of Domestic Violence defined by the Florida Law are:
- Assault: Intentional threat by one person to another one to do bodily harm causing fear in the victim that the violent act is imminent. An assault is a second degree misdemeanor and can carry penalties up to 60 days in jail, and/or a fine up to $500 and/or up to 6 months of probation.
- Aggravated assault: An assault with a deadly weapon without intent to kill or with the intention to commit a felony. A “deadly weapon” is any object that can inflict mortal or great bodily harm. Aggravated assault is a third degree felony, punishable by up to five years in prison, and up to a $5,000.00 fine. Up to five years of probation is also a sentencing possibility.
- Battery: A battery occurs when a person intentionally strikes or touches another person against her will or intentionally causing bodily harm to the other person. Battery is a misdemeanor of the first degree (punishable by up to one year in jail, and up to a $1,000.00 fine).
- Aggravated Battery: A person commits aggravated battery when she or he intentionally strikes another person intentionally causing great bodily harm, or when she uses a deadly weapon. An aggravated battery constitutes a second degree felony (punishable by up to fifteen years in prison and by up a $5,000.00 fine).
- Sexual assault or sexual battery: Sexual battery, also called rape, is a violent crime that uses sex as a weapon. Under Florida Law sexual battery can be perpetrated with either the sexual organ of a person or with an object. As with other sex crimes sexual battery charges are very serious and carry severe penalties.
- Stalking or aggravated stalking: Aggravated stalking, a felony of the third degree, occurs when a person willfully, maliciously, and repeatedly follows or harasses threatening another person. Aggravated stalking is punishable by a maximum fine of $5,000.00 and/or 5 years in state prison.
Bond/Bail Issues in Domestic Violence Matters
If you or someone you know has been arrested for domestic violence it is important to realize that courts handle these types of offenses differently than other crimes. Courts will not release a person arrested for domestic violence UNTIL THEY HAVE SEEN A JUDGE. So, if one is arrested for domestic violence one will have to stay in jail until bond and conditions of release are set at one’s Initial Appearance, which is scheduled within 24 hours of arrest. You cannot just post a bond upon arrest. It is important for friends or family to be aware of this so that the person arrested can make contact with employers to let them know the person will not be able to come to work until (at a minimum) the day after they see the judge.
Conditions that are usually set at Initial Appearance for domestic violence charges are, in addition to bond, that the person have no contact with the alleged victim while the case is pending, which includes no telephone, internet, or 3rd party contact. Another common condition is that the person accused must find a separate residence while the case is pending, but usually the judge will give the person an opportunity, accompanied by a Sheriff’s Deputy, to go to the residence to get basic belongings.
Domestic Violence Penalties
Penalties for those charged with domestic violence in Florida vary depending on the type of the charges, their severity and previous criminal convictions. In general, they include:
- Mandatory Components of all domestic violence cases:
- Mandatory jail time of 5 days in the county jail
- Mandatory counseling – specifically a batterer’s intervention program. These typically last 26 weeks and involve weekly group and individual counseling sessions.
- Probation – a minimum of one year’s probation is ordered in any domestic violence case
- Other Possible Components of a Sentence can include:
- No contact with the victim(s) including spouse and/or children)
- Fines and court costs
- Community service
- Anger management class
- Loss of access to your home – a person sentenced for a domestic violence case can be ordered as a condition of probation to live in a separate residence from the alleged victim in his or her case
- Permanent criminal record – NOTE: domestic violence offenses are NOT eligible for statutory sealing or expunging of records if the case is not dismissed or dropped completely.
It is important to know that these cases in Florida are aggressively prosecuted by especially trained prosecutors and by Domestic Violence Units, and that charges can only be dropped by the State Attorney. This means that you can be charged even if the alleged victim wants to drop the charges. That is why it si so important to seek counsel from a domestic violence attorney who knows how to handle, strategize and defend these cases.
Contact our Orlando Domestic Violence Lawyer
Domestic violence charges in Florida are very serious and their defense is very complex. They are often complicated by the fact that, because they occur within a family or relationship, that the person accused will have to move out of their home, and possibly be restricted from being able to visit other family members that may reside in that home. Divorce or separation is often a backdrop to domestic violence cases, and can complicate them. Counseling is oftentimes an important component of coming up with agreeable resolutions to some of these types of offenses.
Defense Attorney David Hill in Orlando has extensive experience handling these types of cases, whether at the early stages trying to get his client out of jail, negotiating with the State Attorney’s Office, or going to trial. He understands that because they involve family members or people in relationships that emotions can run very high. It is important to have someone that can see all the legal issues involved at a difficult time in people’s lives, which is generally the case where a family is torn apart by domestic violence or a domestic violence accusation. Mr. Hill also recognizes that while some cases will go to trial, others can be helped to resolve using the assistance of Domestic (divorce) attorneys and counselors.
If your case involves an allegation of:
- violence between any two people living together as family or in a family-like relationship;
- violence between relatives (including former spouses), whether or not they actually live together;
- violence between same-sex domestic partners; or
- violating an injunction against domestic or repeat violence
and you have been arrested or charged in Orlando, Winter Park, Windermere or anywhere in Central Florida and Orange County, call us immediately. We offer a free initial consultation and will keep your information confidential. Send us an email at firstname.lastname@example.org or call us today at (407) 648-0006. We have an emergency service available 24 hours a day.
- What types of domestic violence crimes are there in Florida criminal law?
- Are domestic violence cases misdemeanors or felonies?
- What if the alleged victim has no visible physical injuries?
- What are the penalties?
- What do I do if I do not want to press charges any more?
- Are there alternatives to jail if I get convicted?
- What should I do if I am facing domestic violence/battery charges?
- Can I keep the charges private?
- What happens after the police are called?
- My partner called the police on me because he/she was mad at me; can I see my children?
- Are children who witnessed the alleged violence interrogated or questioned by the police?