In addition to handling domestic violence charges, our attorneys at The Umansky Law Firm also defend against protective injunctions. These are commonly called restraining orders or protective orders. Types of protective injunctions include:
- Domestic violence injunctions
- Dating violence injunctions
- Repeat violence injunctions
Our criminal defense lawyers represent men and women in civil domestic violence and other protective injunction and restraining order cases. Our clients come from Orlando and throughout central Florida.
Why You Must Defend Yourself Against A Restraining Order Or Protective Order
Even if you do not face a criminal charge, it is important to defend yourself against a domestic violence injunction for many reasons. First of all, the injunction may impose restrictions on where you can go and what you can do. You may not be able to return home if your spouse filed the injunction against you. If you go home anyway, or violate the injunction in any other way, you may end up facing criminal charges. We believe it is best to avoid this possibility by doing everything we can to prevent the domestic violence injunction from being entered.
Domestic Violence: Civil Or Criminal?
If the police are called and you are arrested and charged with domestic violence, it is a criminal matter. In many of these cases, a protective injunction may be issued as well.
On the other hand, if a spouse or significant other simply goes to court and files a domestic violence injunction against you in order to prevent alleged abuse, it is a civil matter. A protective injunction is not a criminal matter, unless there is a violation of the domestic violence injunction. Such a violation is considered a crime.
Violations Of Domestic Violence Injunctions
The terms of domestic violence injunctions can cause major interference to a person's life. Nonetheless, those terms must be followed, even if the injunction was filed by one spouse against the other and its terms require staying out of the family home. Unfortunately, it can be very easy to violate those terms, even unintentionally. If you have been accused of violating a domestic violence injunction, you are facing a criminal charge that can have serious repercussions if you are convicted.
As a prosecutor, Bill Umansky was the head of the Domestic Violence Unit. In this capacity, he was responsible for investigating, charging and prosecuting a wide range of domestic violence and related cases. He also trained police officers and victim advocates. At our law firm, we truly understand all aspects of domestic violence charges, and we use our knowledge to protect your rights.
- Not the same as being accused of domestic violence: If you have been accused of violating a domestic violence injunction, or any other protective injunction, such as a dating violence injunction or a repeat violence injunction, it is important to understand that this is not necessarily the same as being accused of domestic violence. The accusation in these cases is that you violated the terms of the injunction, which could be something as simple as coming within a certain proximity of the person who filed the injunction. It does not necessarily mean that you committed any abuse. However, these matters are all closely intertwined. Our Orlando criminal defense lawyers can sort through them and defend you against them, whether you are charged with a violation of a protection order or you have been charged with domestic violence.
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To schedule a free case review about Florida domestic violence charges and injunctions, contact us online or call 407-228-3838.
Frequently Asked Questions About Domestic Violence
If you are involved in a domestic violence case, having been accused of or charged with the crime, get in touch with one of our Orlando criminal defense attorneys at The Umansky Law Firm. Contact our office online or call 407-228-3838.
We can perform a free case review and answer any questions you have, including some of those below:
- What are my options?
- What types of criminal charges can be involved in a domestic violence case?
- What is domestic violence under the Florida criminal statute?
- What are domestic battery charges?
If you are fortunate enough to get your domestic violence battery, assault, etc., charge dropped, there is a chance to get your domestic violence charge expunged. It is important to understand that you must have the charge dropped and no other convictions on your record. The expungement statute in the state of Florida can assist you to get your life back so you can seek a positive outcome for your future.
Domestic violence and spousal abuse can involve a variety of criminal charges, including assault and battery, criminal trespass, false imprisonment, harassment, kidnapping, and reckless endangerment. Family violence cases often result in injunction and restraining order violations, sexual assault, spousal rape, and stalking. When the situation warrants, we will also work closely with your family law attorney.
According to the Florida Statute, domestic violence means:
- "Department" means the Florida Department of Law Enforcement.
- stic violence" means 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.
- "Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Battery is just one of many different offenses that falls into the category of domestic violence. These offenses typically take place between a husband and wife, but they do not exclude altercations between boyfriend/girlfriend and other related family members. These offenses almost always result in the harm or injury caused by one person to another person.
- If you have been charged with battery as a domestic violence charge, keep in mind that these offenses can result in your imprisonment, the inability to have this record ever expunged, as well as mandatory counseling for having perpetrated this offense. It is for these reasons that you will want an experienced and competent defense lawyer on your side. Many times in the state of Florida the individual prosecuting this offense is a special prosecutor who has the expertise and experience to make the charges stick.
- Hiring a private attorney will help you in getting the charges dismissed, or at least reduced. A private attorney will look at the circumstances behind the case and probably suggest that you receive some type of counseling or psychiatric assessment before the court date. This will allow the attorney to get to the heart of the matter that caused the incident to happen.
- Many times a domestic battery case happens because things get out of control. This can include alcoholism, drug abuse, maybe even a spiteful family member who wants to cause harm in some way. No matter what the issue that brought the charges about, the best way to negate them is to go to counseling as soon as one is released. This will show the judge that you are serious about rectifying the situation and making things right for everyone involved.
- A private attorney is not a ticket out of jail, or even out of trouble. What a private attorney can do is navigate the sea of paperwork and the litigation process in order to garner the best outcome for his or her client. If you hire a private attorney and follow his or her instructions you can probably plea to a lesser charge as well as avoid lengthy prison terms.
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