When most people think of domestic violence, they picture some physical confrontation between a husband and wife or romantic partners. While physical violence is a significant part of domestic violence, it’s important to recognize that the definition of domestic violence in Florida is expansive and includes a wide range of criminal actions. Domestic violence does not just involve physical abuse, but also emotional, psychological, and financial manipulation. In this blog, we will cover Florida domestic violence laws, their repercussions, and finding an attorney to fight for you.
Understanding Florida Domestic Violence Laws
According to Florida Statute §741.28(2), domestic violence in Florida means:
- Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that results in physical injury or death of one family or household member by another.
And pursuant to Florida Statute §741.28(3), any family or household member means:
- Spouses, former spouses, persons related by blood or marriage, persons presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. Except persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
These Florida domestic violence laws state that any act of harm, whether physical, emotional, or financial, could fall under the category of domestic violence in Florida if it occurs between the defined family or household members.
How Domestic Violence Charges Can Affect You
A domestic violence conviction carries steep penalties in Florida. Depending on the facts and circumstances of your case and your prior criminal history, these penalties may include:
- Jail or Prison Time: Depending on the circumstances and the nature of the crime, jail or prison sentences can be lengthy.
- Probation: If jail or prison time is avoided, stringent probation requirements may be imposed.
- Fines: In addition to jail time or probation, substantial fines may be levied.
- Impact on Divorce or Child Custody: A domestic violence conviction can severely impact divorce proceedings or child custody cases. The court may deem you unfit to care for children or may grant sole custody to the other parent.
- Employment Impact: A criminal conviction for domestic violence can create barriers in your professional life, potentially affecting your current job or future job prospects.
- Firearm Restrictions: A conviction may result in the loss of your right to possess, own, or use firearms.
- Protective Orders: You may face a restraining order, limiting or prohibiting contact with the victim.
- Rehabilitation: In some cases, the court may order a substance abuse or psychological evaluation and treatment, particularly if the violence was tied to addiction or mental health issues.
- Restitution to Victims: The court may also require you to provide restitution to the victim to cover medical costs, emotional distress, or other expenses related to the incident.
Due to these severe consequences, it’s crucial to understand the ramifications of any domestic violence charge and the importance of legal representation.
How Domestic Violence Charges Can Be Filed in Florida
Domestic violence charges can be initiated in various ways. Often, law enforcement officers will make an arrest if they believe a domestic violence crime has occurred. However, there are instances where a person might be falsely accused or involved in a situation where the facts are not as clear-cut. Florida domestic violence laws have different degrees of domestic violence offenses, including misdemeanor charges for minor assaults and felony charges for more serious incidents, such as aggravated battery or sexual assault.
In Florida, a law enforcement officer is often required to arrest a suspect if there is probable cause to believe that domestic violence has occurred, even if the victim does not wish to press charges. This is because the state takes domestic violence in Florida very seriously, and the law prioritizes protecting individuals in potentially dangerous situations.
Why Hiring an Attorney Is Essential If You Are Charged with Domestic Violence in Florida
Since Florida law enforcement takes domestic violence charges extremely seriously, if you have been charged with any type of domestic violence crime, you must retain the services of an experienced and knowledgeable domestic violence attorney as soon as possible. A qualified attorney can assess the details of your case, evaluate the strength of the evidence, and determine the best strategy for defending you. A skilled criminal defense lawyer familiar with Florida domestic violence laws, such as the ones at the South Florida law firm of Galanter Law, will help you avoid a conviction or get the charges reduced or dismissed altogether. Experienced legal counsel is particularly critical in cases involving false accusations, where your reputation and future may be at stake.
Why Victims of Domestic Violence Should Seek Legal Assistance
On the other hand, if you are a victim of domestic violence in Florida, it’s equally important to work with an attorney to ensure your safety and rights are upheld. An attorney can help you file for protective orders, represent you in court, and provide support throughout any legal proceedings. In situations involving children or complex custody issues, legal representation is vital to ensure that your children’s best interests are protected.
How Galanter Law Can Help You with Your Domestic Violence Case
If you or someone you know is dealing with domestic violence charges in Florida, it’s critical to work with a team of professionals who understand the gravity of these cases. At Galanter Law, we have extensive experience dealing with domestic violence cases and can guide you through every step of the legal process.
Whether you are the accused or the victim of domestic violence in Florida, our team, led by experienced Miami domestic violence attorney Yale Galanter, is dedicated to providing you with the legal support you need. If you’ve been charged with domestic violence, our attorneys can help protect your rights, work toward getting charges reduced or dismissed, and provide you with an aggressive defense. For victims, we can help you obtain the necessary legal protections, such as restraining orders, and guide you through the process of recovering from abuse.
Contact Galanter Law Today
Domestic violence is a serious crime. As such, you will need a serious lawyer such as Yale Galanter or one of his associates at Galanter Law to represent you and execute a serious defense strategy. Don’t navigate the complexities of the legal system alone. The sooner you hire a domestic violence attorney the better. So don’t delay— contact our law firm as soon as you have been charged with a domestic violence crime.
