New Year, New Rules
Written by Moses & Rooth on July 2, 2015
Proposed Changes in Florida Domestic Violence Law
Florida, like most states, takes domestic violence allegations very seriously. On the low end, a person convicted of domestic violence charges is facing one year of probation, fines and a required 26 week Battery Intervention Counseling; at the high end that person is facing felony charges and long terms of imprisonment. Family consequences, job loss, loss of your right to carry a concealed weapon, and significant prison sentences, particularly if you are a repeat offender, are just some of the many possible consequences of being convicted of a domestic violence crime.
Even when you are involved in an incident, understanding your legal rights and acting accordingly may save you time, stress, and your future. This is particularly true when looking at some of the proposed changes that may increase the punishments and requirements of domestic violence offenders in the state of Florida.
Florida Domestic Violence Law: Now and Later
Domestic violence is a very difficult area of the law. On the one hand, law enforcement must take all allegations of domestic assault and violence seriously and as though they are always true. However, investigation of domestic violence claims is frequently interrupted by conflicting stories, recanted testimony, reconciliation, and high emotions. A 911 call may have been made by a concerned neighbor, the victim may not want to press charges, or drugs or alcohol may have been involved; each of these factors complicates an already complicated and disputed series of events leading to the allegations.
The remedy at law for domestic violence victims, aside from incarceration of the offender, is typically an order of protection also referred to as a no contact order. What is generally known as a “restraining order” may be entered against a defendant if the alleged victim is in fear for her or her family’s life or safety. This order, in reality, is a piece of paper and nothing more. New legislation is being advanced in Florida that would require heightened electronic monitoring devices and a new approach to enforcement of no contact orders. Should these laws go into effect, the punishments for their violation would add new crimes and incarceration periods onto pre-existing domestic violence charges and create more ways for offenders to violate the terms of their probationary periods upon release.
Moses & Rooth: Orlando Domestic Violence Attorneys
Domestic abuse and violence allegations can have a lasting impact on your future. At Moses & Rooth, our experienced domestic violence criminal defense attorneys work hard to advocate on your behalf to ensure that a misunderstanding or technicality will not ruin your life and threaten your relationship with your children and family. We truly believe that there are two sides to every story, and will listen and advocate for your rights without passing judgment. Contact our Orlando or New Smyrna Beach locations today for a safe place to tell your story and to learn more about your legal rights if you or anyone you know has been accused of domestic violence charges in the state of Florida.