Fort Lauderdale Domestic Violence Attorney
Our Florida Domestic Violence Lawyers Defend the Following Charges
Domestic violence is a criminal charge with various nuances, and a defendant may be charged with the following:
- Battery is an intentional touching or striking of another person without their consent. It is considered a first-degree misdemeanor and carries a penalty of 12 months of probation or 12 months in jail and a $1,000.00 fine. Depending on the severity of the offense, a victim may obtain a temporary or permanent restraining order against the defendant.
- Aggravated battery occurs when the perpetrator causes great bodily harm, permanent disability, permanent disfigurement, or uses a deadly weapon while committing a battery. Aggravated battery is a felony of the second degree.
- Assault is an intentional act and can be in the form of threatening words or acts, making the victim fear that physical harm or violence is imminent. These charges are second-degree misdemeanors, and if the defendant is found guilty, the punishment is also defined by the sentencing guidelines outlined by Florida Statutes.
- Aggravated Assault is an assault with a deadly weapon without intent to kill; or with an intent to commit a felony. An aggravated assault is a felony of the third degree.
Other types of domestic violence include stalking, sexual battery, sexual assault, false imprisonment, and violations of restraining orders.
Have you been accused of domestic violence? Call (954) 280-8811 to schedule your free consultation with an experienced Fort Lauderdale domestic violence attorney.
Definitions of Domestic Violence
Section 741.28 of the 2022 Florida Statutes defines domestic violence as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
Household members are those who currently live together, have lived together, are in a relationship, or were in a past relationship. This may therefore include parents who share a child or children, spouses or ex-spouses, family members through blood or marriage, or roommates.
Domestic violence may take on many forms, and resulting charges and penalties will vary depending on prior offenses, the severity of the alleged crime, whether the victim was injured, whether a gun or other deadly weapon was used in the alleged commission of the offense, and other factors. Some examples may include striking or hitting a person, sexual abuse, stalking, harassment, and other forms of violence.
What Happens After a Domestic Violence Arrest in Florida?
Domestic violence charges can arise from various situations, including ones where someone is simply trying to defend themselves from an impending attack. This can make it difficult for police to make an arrest, as it may not be discernible who is the aggressor or victim, or they may only listen to one side of the story.
What Are the Penalties for Domestic Violence in Florida?
In Florida, the penalties for a first domestic battery offense are:
- Up to 1 year in jail
- Up to 1 year on probation
- A fine of up to $1,000
- Community service
- 26-week Batterer’s Intervention Program
- Loss of firearm rights
- Protection order
Domestic violence may be charged as a felony, with enhanced penalties, however, if the defendant has prior domestic violence convictions on their record, or if the offense involved aggravated assault or battery, a sex crime, child abuse, kidnapping, or attempted murder. A defendant could face years or decades in prison if accused of felony domestic violence in Fort Lauderdale.
Protective Orders in a Broward County Domestic Violence Case
With instances of alleged domestic violence, the court may issue a protective order against the accused. A protective order is meant to offer protection to an alleged victim of abuse, stalking, or harassment. In a Broward County domestic violence case, a protective order may prohibit the alleged abuser from contacting the victim in any way, coming within a certain distance of the victim, and even surrendering firearms. A protective order can also impact custody or visitation.
If you have been served a protective order in connection with a domestic violence case, you still have options. You have the right to a hearing, where you can plead your case as to why the order should not be issued. One of the most important things you can do is involve an attorney as soon as possible. This can help ensure the immediate protection of your rights and interests – ideally before the protective order becomes final. Our firm can help with protective order hearings and can also represent you if you have been accused of violating a protective order, which is a serious criminal offense in itself. Violating an injunction for protection against domestic violence is a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
If there has been any accusation of any sort of violent act against a family member or loved one, it is crucial you contact a Fort Lauderdale domestic violence attorney immediately, as a temporary or permanent restraining order may be issued within a matter of days.
Defenses for Domestic Violence in Florida
Domestic violence charges have the potential to change your life and claim your freedom. Though it may seem as though the system is skewed in favor of alleged victims, even opening the door to the possibility of wrongful convictions for false or exaggerated claims of violence, every arrestee has rights. Every defendant can seek counsel to challenge their charges and protect their future.
At the Law Offices of Jeffrey S. Grossman, LLC, our seasoned Fort Lauderdale domestic violence defense attorney is here to hear your story and offer the level of defense counsel you need.
There are viable defenses to domestic violence charges, including:
- Factual innocence
- False accusations and exaggerations
- Accidental injuries
Violations of one’s constitutional rights, a lack of evidence, and unreliable witnesses can all influence a case and offer a defendant the opportunity to avoid a conviction and the severe penalties this can bring.
Contact Our Fort Lauderdale Domestic Violence Attorney Today
When things get ugly between spouses, significant others, or even family members who are living together, what began as a verbal altercation can sometimes become physical. When this happens, and police are called, the result is almost always someone getting arrested and taken to jail for domestic violence-related criminal charges.
At the Law Offices of Jeffrey S. Grossman, LLC, our Fort Lauderdale domestic violence lawyer can make sure that your side of the story is heard loud and clear. Our Fort Lauderdale criminal defense lawyers can help defend you against criminal charges, matters related to protective orders, and injunctions related to domestic violence.
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