A heated argument, a misunderstanding, a call to the police, and suddenly, the ground shifts beneath your feet. A private family dispute escalates into a public legal crisis, leaving you on the outside looking in, legally barred from your own home and cut off from loved ones by a no-contact order. You are left to grapple with the shock and injustice of the situation, watching as a single accusation threatens to damage your reputation, jeopardize your career, and sever your most important relationships.
At Moses and Rooth, we understand how quickly a personal matter can spiral into a fight for your future. We provide clear guidance and dedicated legal defense to help you navigate this difficult time. Our experienced Sanford domestic violence lawyers will fight to protect your rights and help you move forward with confidence.
What Is Considered Domestic Violence in Florida?
Florida law defines domestic violence based on the relationship between the involved individuals and the nature of the alleged act. The State does not label it as a single, specific crime but as an enhancement applicable to other criminal offenses when committed by a family or household member against another. Family members include:
- Spouses and former spouses;
- People related by blood or marriage;
- People who live together as a family or have in the past; and
- Parents with a child in common, regardless of whether they have been married.
For an act to be considered domestic violence, it must involve one of several qualifying crimes, such as assault, battery, stalking, kidnapping, or any other criminal act that results in physical injury or death to a family or household member. Knowing how Florida law defines these offenses is a crucial first step in preparing your defense.
What Are the Immediate Consequences of a Domestic Violence Arrest in Sanford?
An arrest for an offense involving domestic violence triggers a series of events with immediate and significant consequences. Unlike other criminal offenses, where an individual may be able to post bond and be released quickly, Florida law imposes a mandatory holding period until the accused appears before a judge at their first appearance hearing. At this time, the judge will address two issues:
- Conditions of release. The court will determine the terms of your pretrial release, which often includes a bond amount.
- No contact order. The judge will almost certainly issue a no-contact order, which legally prohibits you from having any contact, direct or indirect, with the alleged victim. No contact includes visiting the home, making phone calls, sending text messages, emailing, using social media, or even passing messages through a third party.
Violating a no-contact order is a separate criminal offense that can lead to new charges and the revocation of your pretrial release. Navigating these initial stages requires careful legal counsel from skilled domestic violence attorneys.
What Are the Potential Legal Penalties for a Domestic Violence Conviction?
A conviction for a crime classified as domestic violence carries a mandatory minimum sentence. If a person is found guilty and the crime results in bodily injury, the court must sentence them to at least ten days in the county jail. Beyond this minimum, sentencing varies depending on the facts of the case and whether you have prior domestic violence convictions. A domestic violence conviction can also lead to other serious consequences, including:
- Batterers’ intervention program—required program that a judge can only waive by stating a specific reason on the record;
- Probation—minimum of one year of supervision with strict conditions;
- Loss of firearm rights—potential lifetime ban on owning or possessing a firearm under federal law; and
- Permanent criminal record—conviction cannot be sealed or expunged, affecting employment, housing, and professional licensing opportunities.
Given the stakes, it is critical to have a knowledgeable domestic violence defense attorney on your side.
How Can Domestic Violence Defense Lawyers Protect Your Rights?
Facing the criminal justice system alone can be overwhelming. The prosecution has extensive resources at its disposal to build a case against you. Hiring experienced defense lawyers who understand domestic violence charges helps level the playing field and ensures your constitutional rights are protected throughout the process.
Our team at Moses and Rooth can immediately intervene on your behalf. We can:
- Represent you at your first appearance. We can negotiate reasonable bond conditions and challenge the terms of a no-contact order.
- Investigate the allegations. We will thoroughly examine the prosecution’s claims, gather evidence, interview witnesses, and find weaknesses in their case.
- Challenge the evidence. We know how to scrutinize police reports, witness statements, and physical evidence for inaccuracies, inconsistencies, or procedural violations.
- Negotiate with the prosecutor. We can speak with the prosecuting attorney to share your side of the story and discuss options for lowering or dismissing the charges.
If necessary, we will take your case to trial and present a strong defense before a judge and jury.
Why Should You Hire the Sanford Domestic Violence Lawyers at Moses and Rooth?
Choosing the right legal team is one of your most important decisions. At Moses and Rooth, we concentrate solely on criminal defense, and our attorneys bring extensive courtroom experience to each case. With over 36 years of combined legal trial experience, we’ve handled some of the most challenging cases in Central Florida. Our commitment to clients is evident in our 4.9-star rating, based on more than 170 reviews, and our recognition by organizations such as Super Lawyers.
Our firm has earned an Avvo 10.0 Superb rating for criminal defense, and we are active members of the National Association of Criminal Defense Lawyers and the Florida Association of Criminal Defense Lawyers. This recognition underscores our commitment to upholding the highest standards in our profession. As your domestic violence attorneys, we protect your rights every step of the way.
Take the First Step Toward Protecting Your Future
A domestic violence charge doesn’t have to define your future. You deserve a robust defense, and the steps you take today could significantly impact your case’s outcome. Contact Moses and Rooth to schedule a risk-free consultation and see how we can fight for you.