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Domestic Violence Defense Guide | Get your FREE copy today | click here

Domestic violence has become a hot topic in our society, having risen in public consciousness due to highly publicized cases. If police receive any hint that spousal abuse or violence may be involved in a domestic dispute, they will make an arrest. Once law enforcement actions have begun, they are hard to stop. Many cases proceed to trial whether a complainant wants the case to continue or not. If you have been accused of or charged with domestic violence in Orlando, you need experienced help.

What Is Domestic Violence

Domestic violence is known by many different names, such as domestic abuse, spousal abuse and family violence. Whether it occurs between a married couple or unmarried couple, parents and children or other family members, domestic violence does not have to be something that is ongoing. According to Florida law, even one action can constitute domestic violence.

Domestic violence is defined as any criminal action that results in the physical injury to or death of a family/household member by another family/household member. This is a term that encompasses many different types of specific crimes, including:

  • Assault and Battery
  • Violation of domestic violence injunctions (restraining orders)
  • Kidnapping and false imprisonment
  • Harassment
  • Stalking and aggravated stalking
  • Sex offenses (such as battery and rape)

Penalties For Domestic Violence in Florida

If charged with domestic violence, assault and battery, or spousal abuse in Florida, you could face the following:

  • Protective Injunction
  • Mandatory counseling
  • Mandatory jail time
  • No contact with the victim/spouse or your children
  • Fines and court costs
  • Batterer's intervention program
  • Anger management class
  • Mandatory incarceration if convicted
  • No return to your residence
  • Probation
  • Community Service

The specific consequences for domestic violence charges are dependent on the level of the charge you are facing. Below are some of the general penalties imposed per degree of charge, and whether or not it is a misdemeanor:

Domestic Violence Misdemeanors:

  • Second degree: Up to 60 days in jail and a monetary fine of up to $500
  • First degree: Up to one year in jail and a monetary fine of up to $1,000

Domestic Violence Felonies:

  • Third degree: Up to five years in jail and monetary fines up to $5,000
  • Second degree: Up to 15 years in prison and monetary fines up to $10,000

Can a Domestic Violence Charge Be Expunged?

If you are fortunate enough to get your domestic violence case dismissed there is a chance you may be able to expunge the charges from your record. However, it is important to understand that you must have the charges dropped and no other convictions on your record. When this is the case, the expungement statute in the State of Florida can help you move forward and avoid complications in your future due to your arrest.

Contact an Orlando Domestic Violence Defense Attorney

If you have been accused of domestic violence or abuse in central Florida, contact an Orlando criminal defense lawyer at the Umansky Law Firm today for a free case review. During this review, we can evaluate all of the information related to your case and begin developing a defense using a state-of-the-art strategy planning tool.

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