EXPERIENCED DOMESTIC VIOLENCE LAWYER IN FLORIDA
FLORIDA LAWS ARE TOUGH FOR THOSE ACCUSED OF DOMESTIC VIOLENCE
Domestic violence claims must be taken seriously, whether the offense centers around domestic battery or any other issue.
Because the control — and therefore the potential for abuse — exercised by an accusing family/household member is quite significant, the law provides a number of protective mechanisms aimed at leveling the playing field, legally speaking.
Unfortunately, the general public often makes unfounded assumptions without realizing how domestic violence claims can also be traumatic for the accused. When the accusation is false, the accused may be forced to protect themselves against substantial penalties and fight for their right to spend time with their children, even though they have not done anything wrong.
Given the high stakes, it’s critical that you connect with an experienced domestic violence lawyer here at Fowler Law Group for guidance. Our offices are conveniently located in Sarasota and Bradenton.
WHAT IS DOMESTIC VIOLENCE?
In Florida, domestic violence is a rather broad category that covers offenses committed by family members, lovers, and household members against one another. These offenses include but are not limited to:
- Sex crimes
- False imprisonment
- And more
If you have been accused of physically attacking a family member, for example, then the State may charge you with domestic violence battery, which carries its own unique penalties and provides the victim additional opportunity to limit your rights (i.e., through an injunction).
THE DOMESTIC RELATIONSHIP ELEMENT
An offense may be labeled as “domestic violence” only if it is committed by an individual against a family member or household member.
What sort of victim qualifies? Consider the following:
- Crimes between current or former spouses.
- Crimes between individuals who are blood relations or are linked by marriage.
- Crimes between individuals who reside in the same household as part of a family unit.
- Crimes between parents who have a child together, whether or not they are/were married.
For example, suppose that you have been charged with domestic violence for shoving (and injuring) a roommate. If your roommate is vengeful, he could characterize the incident as domestic violence and attempt to impose more severe penalties than would otherwise be available in a situation having nothing to do with domestic violence.
What can you do?
Well, the domestic violence accusation here does not have merit. You could ostensibly defend against such action by arguing that the roommate is not part of your “family unit,” even though you reside together in the same household.
FLORIDA DOMESTIC VIOLENCE PENALTIES
Domestic violence offenses may be charged if the underlying offense is sufficiently serious to warrant prosecution (i.e., the battery led to severe injury). Given the variety of offenses that could fall under the domestic violence umbrella, it is important to note that the penalties vary proportionate with the severity of the committed offense.
For example, a domestic violence battery charge will carry more severe penalties than a domestic violence assault with a weapon.
In any case, domestic violence acts as a “modifier” that attaches additional mandatory penalties to the case. These penalties may include:
- Mandatory probation or jail time
- Community service hours
- Mandatory engagement in an intervention program
- Loss of right to bear arms
- Subject to a domestic violence injunction (that may prevent you from contacting the victim and visiting others, such as your children)
If you find yourself charged with domestic battery or other crime, contact our firm as quickly after an arrest as possible.
CONTACT FOWLER LAW GROUP TO SCHEDULE A CONSULTATION WITH A BRADENTON OR SARASOTA DOMESTIC VIOLENCE ATTORNEY
Here at Fowler Law Group, our attorneys have spent decades working with a range of defendants, including those who have been charged with or accused of domestic violence misconduct. Domestic violence — even just an accusation — is a serious matter that could lead to negative familial, social, and financial outcomes if the harmed individual secures an injunction.
That is why early and thorough advocacy is important in the domestic violence defense context.
We are keen litigators who invest substantial time and attention towards each client to ensure we have the information and insight necessary to provide highly-tailored defense.
Ready to speak to a skilled Sarasota or Bradenton domestic violence lawyer at Fowler Law Group?
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