Orlando Domestic Violence Criminal Lawyer
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Chapter 741 of the Florida Statutes is titled "MARRIAGE: DOMESTIC VIOLENCE." That should tell you something. The "violence" component in domestic violence can be any crime. Typically it is battery, which is the unlawful touching of another person. It does not need to be a strike. Section 741.28, Florida Statutes contains the definitions of what makes a case a domestic violence case.
The Florida statutes require law enforcement to make arrests at almost every domestic dispute. See s. 741.29, Fla. Stat. (No law enforcement officer shall be held liable, in any civil action, for an arrest based on probable cause, enforcement in good faith of a court order, or service of process in good faith under this chapter arising from an alleged incident of domestic violence brought by any party to the incident). It suggests, incorrectly, that law enforcement can be held liable for not making an arrest.
Do not plead guilty to this offense. The ramifications of a domestic violence charge on your record are tremendous. We fight these cases early and through a trial if necessary.
Immediate Consequences of Domestic Violence
When a person is arrested for domestic violence he or she will be:
- Jailed without bond until he or she meets with a judge. This can be 24-72 hours.
- At the first appearance, the judge will determine the conditions of release.
- Conditions of release typically involve:
- not being allowed to return to the residence if the alleged victim also resides there. NOTE: it does not matter who "owns" the home.
- Be restrained from having any contact with the alleged victim.
- The accused will not possess weapons or firearms. If the accused owns firearms, those will be taken by law enforcement.
Consequences If Found Guilty of Domestic Violence
When a person is found guilty of a Domestic Violence offense his or her arrest record will be permanently marred - it cannot be sealed or expunged. This means anyone can look it up and see the charges about domestic violence. Most people will automatically conclude that the person is violent regardless of the facts. Some types of employment, such as Nursing, will not be receptive to these types of criminal accusations either.
Additionally, the accused person's right to bear arms will be restricted or permanently removed.
Criminal Penalties For Domestic Violence
Domestic violence is a modifier. It is added to any number of criminal offenses that fall under the definition of domestic violence.. The maximum penalties for domestic violence depend on the offense that is charged. For example, domestic violence battery is punishable with up to a year in jail and up to a $1,000 fine (the maximum penalties for battery). If the alleged victim presents anything in the way of strangulation, the offense turns into a serious felony.
Immigration Issues And Domestic Violence
If the defendant is not a United States citizen and he or she is found guilty of domestic violence there is a very good chance he or she will face deportation. Domestic violence is a deportable offense. There is an argument that misdemeanor offenses would not cause deportation but that is a risk that should be avoided at all costs. All non-citizens should hire an attorney experienced with domestic violence defenses as soon as possible. This includes permanent residents.
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