Want to Hire a Domestic Violence Attorney in Central Florida?
Call us at (407)228-3838 now for a free domestic violence case review with one of our criminal lawyers.
Domestic violence has risen in the public consciousness. 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 charged with domestic violence in Orlando, you need The Umansky Law Firm.
At The Umansky Law Firm, in Orlando, Florida, our criminal defense attorneys represent men and women charged with domestic violence. Our clients come from throughout central Florida, including Orlando, Maitland, Windermere, Altamonte Springs, Ocoee, Oviedo, Melbourne, Celebration, Longwood, Sanford, and Kissimmee. We also counsel domestic violence defendants in Orange, Brevard, Seminole, Lake, Osceola, Polk, Volusia, and Hillsborough counties. Contact us to schedule a free initial consultation.
If charged with domestic violence, assault and battery, or spousal abuse in Florida, you could face the following:
- Mandatory counseling
- Mandatory jail time
- No contact with the victim / spouse or your children
- Fines and court costs
- Community service
- Anger management class
- Mandatory incarceration if convicted
- No return to your residence
If you are facing a domestic violence charge, you need experienced counsel to help you navigate the system and to protect your rights. As a prosecutor, Bill Umansky was the head of the Misdemeanor Domestic Violence Unit for the state attorney’s office in Brevard County in central Florida. In this capacity, he was responsible for investigating, charging, and prosecuting Brevard County domestic abuse cases. Furthermore, he trained police officers and victim advocates on the cycle of domestic violence.
If we're dealing with the misdemeanor battery or assault case, involving somebody that they are in a domestic relationship with, we first look to see what the victim in the case wants to do. They may have just called the police, to refuse the situation and they loved one ended up getting arrested. If this is the case, then we normally will contact the victim ourselves, and ask them if they would fill out an affidavit and a declination of prosecution. This affidavit is a sworn document that we will help them get notarized in our office saying that they don't want to go forward with prosecution and then they're no longer in fear of the defendant. We have to be very careful when asking victims to fill out the declination, because we definitely do not want to be seen as tampering with witnesses. However, if the victim is willing to fill this piece of paper out, we are more than willing to help them. These are among the many situations we deal with when there is a domestic violence case in Florida.
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.
What are my options?
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.
What is Domestic Violence under the Florida's criminal statute?
According to the Florida Statute, Domestic Violence means:
(1) "Department" means the Florida Department of Law Enforcement.
(2) "Domestic 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.
(3) "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.
NEVER BEEN IN TROUBLE WITH THE LAW?
If you are a first-time offender, you may be eligible for a pre-trial diversion program in which your charges could be dropped. Learn more about what happens when you're arrested for domestic violence charges.
Domestic Battery Charges
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 their client. If you hire a private attorney and follow their instructions you can probably plea to a lesser charge as well as avoid lengthy prison terms.
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If you have been accused of domestic violence or abuse in central Florida, contact us for a free consultation.