Domestic Violence FAQ
Domestic violence is a serious accusation that can lead to long-term consequences, including criminal penalties, a permanent criminal record, and damage to personal relationships.
As a criminal defense lawyer in Florida, I understand the details surrounding domestic violence charges and the immense emotional strain they can place on everyone involved.
Whether you have been accused of domestic violence or are seeking to understand how the legal system works in Florida, it’s important to have clear information and legal guidance. Serving Dunedin, Florida, my firm, Venessa Bornost, P.A. is here to provide answers to some of the most frequently asked questions (FAQ) about domestic violence cases in Florida.
What Is Domestic Violence in Florida?
In Florida, domestic violence is defined as any assault, battery, or other criminal offense that results in injury or the threat of injury to a family or household member.
The law takes into account various situations where domestic violence may occur, including violence between spouses, cohabiting partners, parents, and children, or anyone in a domestic relationship.
Under Florida law, domestic violence offenses can include, but aren’t limited to:
Battery: Any intentional physical harm to another person, including hitting, slapping, or pushing.
Assault: The intentional threat of violence that causes a person to fear imminent harm.
Stalking: Repeated and unwanted harassment that causes emotional distress or fear of harm.
False imprisonment: The unlawful confinement of another person against their will.
It’s important to note that Florida law doesn’t require physical injury for an offense to qualify as domestic violence. Even verbal threats or emotional abuse can lead to criminal charges under the domestic violence statute.
As a criminal defense lawyer, I often work with clients who are facing allegations of domestic violence, and I understand how complicated and emotionally charged these situations can be. If you’re accused of domestic violence, it’s crucial to understand what constitutes the offense and what the legal implications are.
What Should I Do if I Have Been Accused of Domestic Violence?
If you have been accused of domestic violence, your immediate priority should be to protect yourself legally. There are several key steps you should take:
Remain Calm and Avoid Contact
First and foremost, remain calm. If you’re confronted with accusations or law enforcement involvement, avoid escalating the situation. Don’t engage in any form of retaliation or attempt to contact the accuser unless advised to do so by your lawyer.
Any further communication, especially if you’re restrained by a no-contact order or injunction, could make matters worse.
Seek Legal Representation
It’s vital that you reach out to an experienced criminal defense lawyer as soon as possible. Domestic violence charges can result in serious consequences, and having legal representation is crucial to defending your rights.
A criminal defense lawyer can help you manage the legal process, evaluate the evidence against you, and determine the right strategy for your defense.
Don’t Violate Any Court Orders
If the court issues a temporary injunction or a no-contact order, you must comply with it. Violating such orders, even inadvertently, can result in additional charges and complicate your case. Your criminal defense lawyer will make sure that you understand any legal restrictions you must follow.
Document Everything
It’s helpful to document all communications, interactions, and events related to the domestic violence accusation. Keep a record of any interactions with law enforcement, witnesses, or the accuser. If you have been falsely accused, this information could be useful in building your defense.
What Are the Penalties for Domestic Violence Charges in Florida?
The penalties for domestic violence charges in Florida can vary depending on the specific offense, prior convictions, and the circumstances surrounding the case. Below is an overview of the possible penalties for common domestic violence offenses.
Battery
Battery is one of the most common charges in domestic violence cases. If you’re charged with battery, the penalties can vary:
First-degree misdemeanor: Up to one year in jail, up to $1,000 in fines, and probation. This is typically the case for a first-time offense.
Third-degree felony: If there are aggravating factors (such as prior convictions or injuries), the charge can be elevated to a felony, carrying up to five years in prison.
Aggravated Battery
If you’re accused of using a deadly weapon or causing serious injury during a domestic violence incident, the charge may be elevated to aggravated battery, which is a second-degree felony. The penalties for aggravated battery can include up to 15 years in prison and substantial fines.
Stalking
Stalking involves repeated, unwanted behavior that causes emotional distress. If the alleged stalking involves threats or violates an injunction, the penalties can increase. Stalking charges can lead to:
First-degree misdemeanor: Up to one year in jail and up to $1,000 in fines.
Third-degree felony: If the stalking results in physical harm or emotional distress, it may be charged as a felony, carrying up to five years in prison.
False Imprisonment
If you’re accused of restraining someone against their will, you may face a charge of false imprisonment, which is a third-degree felony. This carries up to five years in prison and fines.
Temporary Restraining Orders (Injunctions)
In addition to criminal penalties, victims of domestic violence can seek temporary restraining orders or injunctions. Violating a restraining order can result in additional criminal charges and penalties, including imprisonment.
As your criminal defense lawyer, we will work diligently to assess the strength of the evidence, argue for reduced charges, and make sure you understand the potential penalties you face.
What Are the Defenses to Domestic Violence Charges in Florida?
If you have been accused of domestic violence, there are several defenses that may apply to your case. As a criminal defense lawyer in Florida, we work with clients to evaluate the specifics of the situation and determine which defense strategies are most appropriate. Common defenses to domestic violence charges include:
Self-Defense
One of the most common defenses in domestic violence cases is self-defense. If you were acting to protect yourself from immediate harm, you may not be guilty of the charges. Florida law allows individuals to use reasonable force to defend themselves against unlawful violence.
False Allegations
Unfortunately, some domestic violence allegations are based on false claims. If you can provide evidence that the accuser is lying or exaggerating the events, this can form the basis of your defense. False accusations are more common than many realize, and your criminal defense lawyer can help you gather evidence to refute them.
Lack of Evidence
In many domestic violence cases, the prosecution’s case is built on testimony or circumstantial evidence. If there’s insufficient evidence to prove your guilt beyond a reasonable doubt, the charges may be dropped or dismissed. We will thoroughly investigate the evidence and challenge weak or contradictory information in the case.
Mutual Combat
In some cases, both parties involved in the incident may have engaged in mutual combat. If both parties contributed to the altercation, it may be possible to argue that you shouldn’t be solely responsible for the violence.
Lack of Intent
For charges like battery or aggravated battery, the prosecution must prove that you intentionally committed the act. If the act was accidental, there may be grounds to have the charges reduced or dismissed.
Reach Out Today
Domestic violence charges in Florida carry serious consequences, and if you’re facing such charges, it’s important to have an experienced criminal defense lawyer by your side. I serve clients in Dunedin, Florida, as well as Hillsborough County and Pasco County.
Contact Venessa Bornost, P.A. today to schedule a consultation, and let me help you protect your future and fight for your rights.