Domestic Violence Battery

orlando criminal defense attorney

Sharing a household with family members or a loved one can be difficult. It isn’t unlikely for there to be disagreements and the occasional dispute, but it becomes a legal issue once those words turn into violence. Regardless of if you were provoked or had no intention of injuring the individual, the fact that you unlawfully touched the person allows law enforcement to place you under arrest and suggest that you be charged with domestic violence battery. If you ever find yourself in such a situation, it’s essential that you seek legal representation from a criminal defense attorney well-versed in handling violent crimes.

The Orlando domestic violence battery lawyers at The Umansky Law Firm are seasoned attorneys with experience helping people just like you settle legal matters on the most favorable terms. We understand that the entire situation may have easily been a simple misunderstanding, but once you’re placed in police custody, it’s essential that you take the matter seriously. Reach out to us today to learn more about how we can have charges lessened or even dropped altogether.

What is Domestic Violence Battery?

Domestic violence battery is the unlawful touching of an individual legally recognized as a family or household member. This differs from assault as physical contact doesn’t need to occur for assault charges to be issued; the threat of violence will suffice.

One must also take note of the fact that domestic violence doesn’t only happen between couples. As the law states, any family or household member who you allegedly touched unlawfully is a victim of domestic violence battery. This includes roommates, siblings, parents, and spouses.

Florida Statute § 741.28 explains that the following types of individuals meet the legal definition of “family or household member:”

  • Those related by blood or marriage
  • Husbands and wives (including ex’s)
  • A family living together
  • Those who’ve lived together as a family previously
  • Individuals who share a child

The law requires that the individual being charged with domestic violence battery live or have previously lived with the alleged victim EXCEPT in cases when the individuals share a child.

Criminal Penalties for Domestic Violence Battery in Florida

Domestic violence battery is a first-degree misdemeanor in Florida punishable by up to:

  • 1 year in jail; or
  • 12 months probation; and
  • $1,000 in fines

However, the legal repercussions don’t end there. Given that the crime is ‘domestic,’ Florida law will subject the convicted individual to the following penalties:

  • Community service
  • 5 mandatory days in jail
  • Enrollment and completion of the 26-week Batterers’ Intervention Program
  • Loss of civil liberties including the ability to carry a concealed weapons permit
  • An injunction or “no contact” order (restraining order)

Florida aggressively prosecutes those suspected of domestic violence, especially in cases where the aggressor is male, and the alleged victim is female. However, you don’t have to be alone in your fight against the powers that be. Be proactive in your quest for passionate criminal defense attorneys willing to go to bat for you.

Defense Options for Domestic Violence Charges

The Orlando domestic violence battery lawyers at The Umansky Law Firm have over 100 years of combined experience. With a team consisting of former state and local prosecutors, we’re confident that we can help prepare you for your day in court and present the most applicable defense to the charges you face. Some of the most proven effective defenses to domestic violence battery charges include:

  • Self-defense
  • Mutual combat
  • Stand Your Ground
  • Defense of property
  • Absence of injuries
  • Evidence doesn’t support battery allegations
  • Factual inconsistencies with the underlying incident
  • Vindictive victim

Contact us today at 407-228-3838 for a free case evaluation from a seasoned domestic violence battery attorney.