Fort Myers Domestic Violence Defense Attorney
Domestic violence is a serious criminal offense in Florida, governed by Florida Statutes Sections 741.28 through 741.30. These laws define domestic violence, outline the penalties for offenders, and provide protections for victims. If you are facing domestic violence charges, understanding the law and potential consequences is critical. Hollander & Hanuka Attorneys at Law is here to help you understand the charges against you and what to expect as the case against you moves forward. We provide assertive and effective defense from the negotiating table to the courtroom to help you achieve a favorable outcome. Contact our experienced Fort Myers domestic violence defense lawyer today for immediate assistance.
What Is Domestic Violence Under Florida Law?
According to Florida Statute 741.28, domestic violence refers to any assault, battery, aggravated assault, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death of one family or household member by another family or household member. “Family or household member” includes spouses, former spouses, individuals related by blood or marriage, individuals currently or formerly residing together as a family, and those who share a child in common, regardless of marital status.
To secure a conviction for domestic violence, the prosecution must prove:
- Relationship: The accused and the alleged victim must be family or household members as defined by law.
- Criminal Act: The accused must have committed one of the criminal offenses outlined in the statute.
- Intent: The prosecution must demonstrate that the accused acted willfully or intentionally to harm or threaten the victim.
Penalties for Domestic Violence Convictions
The penalties for a domestic violence conviction in Florida can be severe, varying based on the nature of the offense and whether aggravating factors are present. Some of the possible penalties include:
- Misdemeanor Domestic Violence: Punishable by up to one year in jail, probation, mandatory counseling, community service, and fines.
- Felony Domestic Violence: For more severe offenses such as aggravated assault or battery, a felony conviction can result in a prison sentence of up to 15 years, along with steep fines and permanent criminal records.
- Minimum Sentence Requirements: Florida law mandates a minimum sentence of ten days in jail for those convicted of domestic violence involving physical injury to the victim. If convicted of a second or third offense, the mandatory minimum jail time increases to 15 or 20 days, respectively. These terms can also be enhanced for domestic violence that takes place in the presence of a child in the family or household under 16 years old.
In addition to criminal penalties, a domestic violence conviction may lead to loss of child custody or visitation rights, prohibition from owning or possessing firearms, and a permanent criminal record that can affect future employment and housing opportunities.
Violation of an Injunction for Protection Against Domestic Violence
Under Florida Statute 741.31, violating an injunction for protection against domestic violence is a serious offense. An injunction, also known as a restraining order, is a legal order issued by the court to protect victims of domestic violence from further harm. Common provisions in an injunction may prohibit the alleged abuser from contacting the victim, visiting certain locations, or coming within a specified distance of the victim.
A violation of an injunction occurs when the accused knowingly disobeys the terms of the order. This could include actions like contacting the victim directly or through third parties, showing up at the victim’s home or workplace, or committing any act of violence against the victim.
Violating an injunction is a first-degree misdemeanor in Florida, punishable by up to one year in jail, fines, and other penalties. Repeat offenses or particularly egregious violations may result in harsher punishments, including felony charges.
Possible Defenses to Domestic Violence Charges
Several legal defenses may be available to challenge domestic violence charges. Some common defenses include:
- Self-Defense: If the accused acted to protect themselves from harm, they may claim self-defense, provided the force used was proportionate to the threat.
- False Accusations: In some cases, domestic violence allegations may be fabricated by an alleged victim for personal gain, such as securing child custody or in retaliation during a divorce.
- Lack of Intent: The prosecution must prove that the accused intended to commit the alleged act of violence. If the actions were accidental, this could be a valid defense.
- Inconsistent Evidence: Discrepancies in witness statements, lack of physical evidence, or failure to follow proper investigative procedures may weaken the prosecution’s case.
How a Fort Myers Criminal Defense Attorney Can Help
Facing domestic violence charges can be scary and intimidating, but having a skilled criminal defense attorney by your side can make a significant difference in the outcome of your case. The attorneys at Hollander & Hanuka Attorneys at Law have extensive experience handling domestic violence cases in Fort Myers and the surrounding areas. We will investigate the circumstances of your case, gather evidence, and develop a strategy to challenge the prosecution’s claims. This could involve interviewing witnesses, reviewing police reports, and presenting exculpatory evidence.
In some cases, your attorney may negotiate with the prosecution to reduce the charges or have them dismissed altogether, especially if there are weaknesses in the evidence or procedural errors. If a trial is not in your best interest, your attorney may be able to negotiate a plea deal, resulting in reduced charges or a lighter sentence, such as probation or counseling instead of jail time. If your case goes to trial, one of our seasoned criminal defense lawyers will advocate for you in court, cross-examine witnesses, and present a compelling defense to achieve the best possible outcome.
At Hollander & Hanuka Attorneys at Law, we understand that every domestic violence case is unique, and we are committed to providing our clients with the personalized attention and legal representation they deserve. Contact our Fort Myers domestic violence attorneys today to discuss your case and learn how we can help protect your rights and your future.