Florida’s criminal statutes define domestic violence as any violence inflicted upon a relative or household member. Typically, this includes spouses, siblings, parents, and children who reside together, but the term domestic violence may also apply to violence between co-parents, ex-spouses, or any relatives related by marriage or blood. Domestic violence is a blanket term that refers to several types of criminal behavior, including:
Unfortunately, false accusations of domestic violence are common, and a domestic dispute may lead one person to make false allegations of domestic violence against another. If someone has wrongly accused you of domestic violence, speak with an attorney about your options.
When family issues become volatile, many people approach the law as a mediator. Unfortunately, it also means angry parties may falsely accuse other family members. It’s not always intentional, but the consequences can be devastating.
Since there is no such charge as domestic violence, the perpetrator of any type of domestic violence will face criminal penalties for the acts committed. If the perpetrator sexually assaulted an ex-spouse, he or she will face charges of sexual assault. If a co-parent kidnaps a child or refuses to honor a child custody agreement, he or she may face kidnapping charges. Florida upholds a minimum sentence of five days in jail for any type of domestic violence. Depending on the charges, an individual in this position will likely face additional prison time, probation, community service, and fines appropriate for his or her actions.
Any injunction for domestic violence will result in a ban on firearm ownership in the future. Domestic violence charges may also impact a convicted individual’s employment options and professional certifications and licensures. Additionally, victims of domestic violence often file restraining orders or temporary protective orders against his or her abusers, and any violation of such an order can entail significant legal penalties, up to and including imprisonment for a first-degree misdemeanor.
In some situations, people may need to fight personal protection orders or restraining orders. For example, someone who suffers abuse at the hands of an ex-partner can file a restraining order preventing him or her from coming within 500 feet of his or her person, home, car, or place of employment. These orders are particularly helpful if a dangerous individual is free to roam after posting bail, or waiting for arraignment. However, both parties need fair representation to ensure false allegations don’t become reasons for arrest.
A wrongfully accused individual needs reliable legal representation as soon as possible to defeat unjust charges and avoid wrongful prosecution. The right attorney can make a tremendous difference.
After an accusation of domestic violence, a private law firm like Fischer Redavid PLLC can provide robust representation, backed by years of experience on both sides of the negotiating table. We understand Florida’s criminal statutes, and our attorneys are committed to a people-first approach to legal representation. We will take time to get to know your case inside and out to provide the best representation possible.
If you or a loved one requires legal assistance after domestic violence charges, our attorneys are here to help. Contact our Gainesville office to schedule a free case evaluation with one of our attorneys. Once we review the details of your domestic violence case, we can provide guidance as to your next steps.