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Florida Domestic Violence Lawyer

A disagreement with a partner, relative, or someone else living in your home can quickly get out of hand and lead to an arrest for domestic violence. Law enforcement takes domestic violence seriously, which means that charges of this nature carry severe and life-altering consequences, including jail sentences, probation, child custody issues, or eviction.

If you are facing domestic violence accusations, you must get in touch with a seasoned criminal defense attorney as soon as possible. A Florida domestic violence lawyer could assess your case, advise you on your defense options, and fight for your rights in court.

The Florida Domestic Violence Statute

The severity of a domestic violence arrest will depend on the case specifics and the accused’s criminal background. Under Florida Statutes § 741.28, domestic violence refers to any violence committed against another household or family member resulting in physical harm.

Family and household members include a spouse or domestic partner, people who share children, and former partners. The accuser must live in the same residence as the accused or have lived with them previously.

Domestic violence charges can take many forms, including:

  • Assault
  • Battery
  • Sexual assault and battery
  • Stalking
  • False imprisonment
  • Kidnapping

Regardless of the exact nature of a domestic violence charge in Florida, working with an experienced lawyer is crucial.

The Potential Consequences of a Conviction

A domestic violence conviction carries significant penalties. Mandatory minimum sentencing includes completing an approved intervention program and one year of supervised probation. When cases involve intentional bodily harm to family or other household members, the accused also faces a minimum of ten days in jail for a first offense. The minimum jail time is increased to 15 days for a second conviction and 20 for a third.

If a child is present for an alleged act of domestic violence, it will increase the minimum jail time. Misdemeanor offenses will result in up to one year in jail, while felony charge convictions require a minimum of a year of incarceration. There is no maximum jail time for these convictions.

Misdemeanor charges typically pertain to first-time arrests that do not involve strangulation, whereas felony cases involve more severe bodily harm and individuals with a history of repeat offenses. A lawyer could provide more insight as to the penalties associated with a specific charge.

The Effect of Domestic Violence on Child Custody

Accusations, arrests, and convictions for domestic violence can have severe and lasting consequences on child custody arrangements. The family court determines the agreements based on the children’s best interests. Courts may enforce supervised visitation requirements, protective orders, and more, depending on the specifics of a case. Consulting with a domestic violence lawyer in Florida is essential, as they have the knowledge and experience needed to navigate these types of situations.

Get in Touch With a Florida Domestic Violence Attorney

Not only can a domestic violence conviction result in criminal penalties, but it can also cloud your reputation and disrupt your future. If you are facing accusations of this nature, you are not alone. A seasoned Florida domestic violence lawyer could provide sound legal advice and help prepare a strategy to reach the best potential outcome.

While the possibility of the penalties for a conviction can feel overwhelming, you have the right to a fair trial to defend yourself against the allegations. Contact dedicated attorney David Benowitz right away to learn more about your options.

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