Domestic Violence Defense Lawyer in Fort Lauderdale
According to state law, domestic violence can include instances of “assault or battery, aggravated assault or aggravated battery, sexual assault, sexual battery, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death.” It is committed by one family member or household member against another member of the family or household.
A domestic violence charge is serious. If you are facing such a charge, you should immediately contact an experienced Fort Lauderdale domestic violence defense lawyer. Call The Law Offices of R. David Williams, P.A. today to schedule a free consultation.
Who Qualifies As Family or Household Members?
Although domestic violence includes various acts and different types of crimes, it must be directed to certain people to fall under this charge. The law states that family or household members are:
- Current or former spouses
- Persons related by blood or marriage
- Persons currently or formerly living together as if a family, or parents who have a child in common (even if they were never married)
As a defendant, you have rights. There may be grounds to have the case dismissed or reduce charges. Schedule a free consultation with our Fort Lauderdale domestic violence defense lawyer.
Penalties That Come With A Domestic Violence Defense Conviction
A further definition of domestic violence according to Florida law is “the touching or striking of a family member, household member, or domestic partner against their will.” Domestic violence is the most common charge, though it can be expanded according to the act in question. These include domestic violence by strangulation, domestic violence by aggravated assault, domestic violence by aggravated battery, and domestic violence by murder.
Domestic violence battery is a first-degree misdemeanor. It has a penalty of up to one year in jail and a $1,000 fine. You could also face a year of probation upon conviction. Other penalties include a mandatory five days in jail if the act caused harm, and completion of a 29-week Batterers Intervention Program. The sentencing can also include the revocation of any concealed weapons permit and the ineligibility of having your record expunged.
Injunctions For Domestic Violence Charges
In a domestic violence case, the judge may grant an injunction against the defendant. This orders the person to provide temporary support for minor children and to participate in counseling services and treatment. The defendant may also not be allowed to share a dwelling with the petitioner.
Violating an injunction is a misdemeanor offense and can result in one year of jail time. Violation can occur when the person refuses to vacate the dwelling shared by the parties or is within 500 feet of the petitioner’s home, workplace, or school. Contacting the petitioner or coming within 100 feet of their vehicle violates the injunction, as well.
If you have a domestic violence charge or an injunction against you, seek immediate legal counsel. Call our office today to set up a free consultation with our Fort Lauderdale domestic violence defense lawyer.
Defense Possibilities In A Domestic Violence Case
Criminal cases involving family members are always difficult. Often, deeply emotional issues are at play and have been for years. Altercations can occur in the heat of the moment. Still, your domestic violence defense lawyer will steadfastly review your case to build a viable defense. You may be able to claim that drug and alcohol abuse contributed to the violence. Mental health issues with one or both parties can also cause or be a part of a domestic violence incident. Your attorney may be able to get the charges or penalties reduced because of child custody disputes or a pending divorce.
A Hopeful Outcome
If you believe you have been unjustly charged with domestic violence, or if there are unique circumstances with your case, your domestic violence defense lawyer can help. The goal in your case will be to have a judge dismiss the charges. You may also be able to get a reduced sentence. Ultimately, your attorney will diligently protect your legal rights and strive to build a strong defense strategy. Contact The Law Offices of R. David Williams, P.A. today to schedule a free consultation and explore your legal options.