Domestic Violence Defense in Orlando, FL
Domestic violence charges in Florida are complex legal matters that require a skilled Orlando defense attorney. At Lockett Law, P.A., our experienced attorneys understand the unique challenges of these cases and are dedicated to protecting your rights.
Understanding Domestic Violence Charges
Domestic violence is defined as any act of violence committed against a family member, including:
- Spouses
- Former spouses
- Persons related by blood or marriage
- Persons living together as a family
- Persons who are parents of a child in common
What is Domestic Violence in Florida?
Domestic violence is a serious issue that can have devastating consequences. In Florida, domestic violence is defined as any act of violence or abuse committed against a family or household member.
Types of Domestic Violence
- Physical Abuse: Actions like hitting, slapping, biting, hair pulling, and shoving.
- Sexual Abuse: Any unwanted or non-consensual sexual contact or behavior.
- Technological Abuse: Using technology to harm, threaten, control, stalk, harass, exploit, or monitor another person.
Florida Statute Definition
Florida Statute Section 741.28 defines family or household members as:
- Current or former spouses
- Persons related by blood or marriage
- Persons residing together as a family (now or in the past)
- Persons who have a child in common
Note: The individuals must have lived together in the same dwelling unit, except for parents of a child in common.
Understanding Domestic Violence Charges
Domestic violence charges can be complex and involve various offenses, including:
- Assault
- Aggravated Assault
- Battery
- Felony Battery
- Sexual Assault
- Sexual Battery
- Stalking
- Aggravated Stalking
- Kidnapping
- False Imprisonment
Common Domestic Violence Crimes
- Assault: Threatening or attempting to cause harm (Florida Statutes § 784.011).
- Aggravated Assault: Assault with a deadly weapon or intent to commit a felony (Florida Statutes § 784.021).
- Battery: Intentionally touching or striking another person (Florida Statutes § 784.03).
- Felony Battery: Causing great bodily harm or impeding breathing (Florida Statutes § 784.041).
- False Imprisonment: Restricting another person’s movement (Florida Statutes § 787.02).
- Stalking and Cyberstalking: Repeatedly following, harassing, or stalking another person (Florida Statutes § 784.048).
Domestic Violence Protection Orders
Victims of domestic violence may seek a protection order, which can include restrictions on the perpetrator’s behavior, such as:
- Vacating the shared home
- Ceased physical contact
- No electronic communication
- Staying away from certain locations
Penalties for Domestic Violence
Penalties for domestic violence offenses in Florida can vary depending on the severity of the crime and the defendant’s criminal history. Potential penalties include:
- Fines: Up to $500, $1,000, $5,000, $10,000, or $10,000.
- Imprisonment: Up to 60 days, one year, five years, 15 years, or 30 years.
- Probation
- Mandatory Counseling: Programs like anger management or domestic violence counseling.
- Community Service
Additional Consequences
- Job Loss: Domestic violence convictions can make finding or keeping a job difficult.
- Custody Issues: Custody of children may be affected.
- Firearm Restrictions: Convicted offenders may be prohibited from possessing firearms.
Minimum Mandatory Sentences
Pursuant to Florida Statute Section 741.283(1)(a), individuals convicted of domestic violence offenses can face minimum mandatory jail time:
- First Offense: 10 days
- Second Offense: 15 days
- Third or Subsequent Offense: 20 days
If the offense occurred in the presence of a child under 16, the minimum jail time increases to:
- First Offense: 15 days
- Second Offense: 20 days
- Third or Subsequent Offense: 30 days
- Fines
- Probation
- Domestic violence treatment
- Substance abuse treatment
- Mental health treatment
- Community service
- Relinquishment of firearms
Defenses for Domestic Violence Cases
- Factual Challenges: Challenging the government’s evidence or the circumstances surrounding the alleged incident.
- False Allegations: Arguing that the allegations are fabricated.
- Lack of Intent: Proving that you did not intend to commit the crime.
- Self-Defense or Defense of Others: Justifying your actions as necessary to protect yourself or someone else.
Orlando Domestic Violence Defense Attorney
If you’re facing domestic violence charges in Orlando, our experienced criminal defense attorneys in Orlando, FL can help you navigate these complex legal matters. Contact us today for a free consultation with an experienced defense lawyer at (904) 858-9818.
