Knowledgeable and Honest Legal Defense
Domestic Violence and Injunctions for Protection
Strategic Domestic Violence Defense
Domestic violence in Florida defined is 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, committed by a family or household member against another family or household member.
“Family or household member” refers to any of the following persons:
- Current or former spouses
- Persons related by blood or marriage
- Persons currently or formerly residing together as if a family, or
- Parents who have a child in common, regardless of whether they were at any time married
With the exception of parents who have a child in common, the persons must currently or previously have resided together in the same single dwelling unit in order to be considered a family or household member under Florida law.
A conviction for a domestic violence offense in Florida can carry significant criminal penalties. Whether you are served with an injunction for protection (known as a “restraining order”), or you have been arrested, allegations of domestic violence can devastate you and your family. If you are charged with a domestic violence offense or are accused of domestic violence in a petition for an injunction, an experienced lawyer can provide invaluable guidance. A lawyer will protect your rights and work towards a successful resolution of your case.
Domestic Violence in Florida - Legal Consequences and Defense
Domestic violence penalties can be severe and devastating. Being found guilty of domestic violence carries serious legal consequences and may have a ripple effect on other issues such as child custody disputes, injunctions, pending divorces, and even on your social and professional life.
The penalties you could face if found guilty of domestic violence are jail time, restrictive probation or community control, participation in Batterers Intervention Programs, and revocation of your concealed weapons permit. Also, you will not be allowed to seal or expunge that arrest even if the judge withholds adjudication. Worthy of note, is that if you are not an American citizen and are convicted of domestic violence, it can and is used as grounds for a deportation or removal proceeding by Immigration and Customs Enforcement (ICE), to have the defendant expelled from the United States.
Oftentimes, the alleged victim also files a civil petition seeking an injunction. This is a separate civil proceeding in which the complainant seeks to have a restraining order entered against the accused regarding contact, communication, or other matters. There can be serious legal ramifications against someone if a restraining order is entered against them.
In addition, it is important to realize that Fifth Amendment privileges against self-incrimination do not apply to these proceedings and a defendant who testifies in such a civil proceeding can have their testimony used against them in another criminal proceeding. Therefore, it is important that your domestic violence attorney knows how to handle, strategize, and defend both types of cases.
We understand that these events are emotional and serious to your life. We want to get you through these events with the best result for you and your family.
*The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information contained on this website is for informational purposes only and is not, nor is it intended to be, a source of solicitation or legal advice. Use of this website does not create, nor does it establish an attorney / client relationship. You should not act or rely on any information contained in this website when making decisions regarding legal matters without seeking the advice of an attorney.
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Robert Harris received his bachelor of Science in Criminology at East Carolina University in North Carolina. He received his Juris Doctorate from Florida State University College of Law. He graduated law school magna cum laude.