Orlando Domestic Violence Attorneys
Sometimes spouses, domestic partners, and family members have complex relationships that explode in violence. When this happens it is possible that family members may find they are charged with domestic violence by a court. Florida law classifies violent actions toward family or members of your household as domestic violence. While it may be difficult for a family to discuss and repair the damage caused by domestic violence, it is important to understand a family to understand the consequences of a domestic violence conviction. If you or a loved one are facing a domestic violence charge, you need to understand the basics of domestic violence conviction and the potential impact it can have on your future.
What is Domestic Violence?
In Florida domestic violence includes any assault, battery, sexual assault, stalking that results in injury or death committed by a family or household member against another family or household member. Family and household members include any of the people who have lived together in the same home following:
- former spouses;
- current spouses;
- parents, children, and other relatives related by blood;
- parents, children, and other relatives related by marriage;
- people dating or engaged to each other;
- people living together; or
- parents who have a child in common.
- disabled people and their caregivers;
This means that violence between step-siblings, cohabiting couples, and roommates can result in a domestic violence charge.
Penalties for a Domestic Violence Conviction
A person found guilty of domestic violence will serve a minimum of one year probation. During the year, the defendant will be required to attend a batterers’ intervention program. Courts are required to impose interventions program as a condition of the defendant’s probation unless the court has clearly stated rationale for not requiring the program. A domestic violence charge could also prompt a court to issue a restraining order to protect the victim and prevent further abuse.
Domestic Battery Charges Have Serious Consequences
Properly dealing with a domestic violence accusation is critical since a conviction can never fully be expunged from legal records. It may become part of public records and can only be cleared by a pardon. A domestic violence conviction may also be used as a basis for limiting a defendant’s child custody and visitation rights. Oftentimes employers hesitate to hire individuals with criminal convictions. Colleges may deny admission or even expel students after they are convicted of a crime. Additionally, credit agencies, schools, government and even potential landlords will be able to find the conviction which will impact the defendant’s life well into the future.
An Experienced Orlando Domestic Violence Attorney Can Protect Your Rights
With so much at risk, it is important to ensure that you have legal guidance when dealing with a domestic violence charge. If you are facing a domestic violence charge in Orlando, then you should contact Moses & Rooth. We will provide you with invaluable advice throughout your case and will work to protect you and your rights. Please contact us today at 407-377-0150 to schedule a Free initial consultation with one of our domestic violence defense attorneys.
It’s always important to hire an attorney following an arrest. When your charges involve domestic violence, it’s doubly important. Domestic abuse, battery, and violence charges can:
- Almost immediately cut you off from your home and family
- Be highly emotional because parties and witnesses are usually related
- Require mandatory counseling
- Involve the possibility of mandatory incarceration
- Have permanent immigration consequences
- Result in your loss of the right to carry a concealed weapon
- Lead to even more serious consequences if a conviction is “enhanced” by a previous conviction
As former prosecutors and experienced trial lawyers, the criminal defense attorneys at Moses and Rooth Attorneys at Law know the complexities that can arise in domestic violence cases. We’re highly rated and can provide caring, experienced and effective legal help.
We Handle All Types of Domestic Violence Charges
- Child Abuse
- Domestic Battery
- Domestic Strangulation
- Domestic Violence Release Conditions
- Domestic Violence Sentencing Enhancements
- False Imprisonment
- Stalking Charges Attorneys
- Violation of Restraining Order
Florida Domestic Violence FAQs
What is Domestic Violence?
Domestic violence takes many different forms and is defined as a pattern of coercive, abusive behavior exerted by one partner over another. When most people hear the word domestic violence they tend to think of physical abuse, however it can also include sexual, emotional, economic and psychological abuse.
How Common is Domestic Violence?
Domestic violence affects roughly 10 million people in the U.S. each year, and manifests itself across all ages, genders, education levels, races, religions and abilities.
Am I Required by Law to Report Incidents of Domestic Violence?
If you are a mandated reporter, such as a doctor, nurse or teacher, then the answer is most likely yes. If you are the victim of domestic violence, battery or assault, you are not required to report what happened to you. However, we encourage you to get the help you need.
What Will Happen if Domestic Violence Charges are Initiated Against Me?
In Florida, prosecutors aggressively go after anyone accused of domestic violence – which include incidents of domestic assault, battery or abuse. Penalties include jail time, revocation of firearms and concealed weapons permits, and a domestic violence conviction can never be sealed or expunged from your record. If charges of domestic violence are brought against you, it is critical that you speak to a criminal defense lawyer immediately to ensure your rights are protected, and to improve your chances of a favorable outcome. In Florida, only the prosecution can dismiss domestic violence charges.
Can an Abuser Change?
Yes. It may require outside help, and it always requires a serious commitment, but it is possible. Abusers can choose to stop their abusive behavior once they recognize the pattern of poor behavior and learn to engage with their partner in a healthier way. Abusers can choose peace over violence, and respect over control. It’s never easy to change, but it is possible.
How an Experienced Orlando Domestic Violence Attorney Can Help
- Analyze your case by gathering all evidence, talking to witnesses and interviewing the alleged victim.
- Ask key questions. Was self-defense involved? The alleged victim may have struck the first blow; we can examine physical evidence and talk to witnesses to verify your account. Are there mitigating circumstances? We can assess mitigating circumstances that could allow for management classes, therapy, domestic abuse counseling and substance rehabilitation in place of fines and incarceration.
- Protect your rights. We can prepare your case for trial, should that be the best option, and address a range of complex issues like the “No Contact” conditions of a bond. If a “no contact” condition prevents you from having access to your home or children, we can request that the court address the issue as quickly as possible.
For experienced legal help in addressing all issues relating to domestic violence charges, contact our firm.