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Criminal Defense Lawyer in Orlando, FL

Domestic Battery Lawyer in Orlando, FL

When arguments get personal, things can get out of hand all too easily. Unfortunately, domestic disagreements often escalate to physical altercations. If you’re facing domestic battery charges, contact Hanlon Law today to schedule a free consultation with a seasoned domestic battery lawyer today.


What Is Domestic Battery?


Domestic battery, as defined by Florida Statute 741.28, is a form of domestic violence. Specifically, domestic battery involves one household member intentionally touching, hitting, or otherwise causing physical injury to another household member who has not consented to the encounter. 


Who Qualifies As A Household Member?


Household members are defined by the same Florida Statute as “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.”


Basically, regardless of the label of the relationship, two people who live together in the same single-dwelling unit, or have lived together in the same single-dwelling unit in the past, are considered household members. The only exception to this rule would be two people who have a biological child together. In this case, regardless of whether the parents currently or have ever lived with each other, violence between them would still be considered domestic.


What Are the Charges for Domestic Battery?


The state of Florida classifies domestic battery as a first-degree misdemeanor. The standard punishment would be up to a year in jail and up to $1,000 in fines. 


However, depending on the circumstances of the case, other consequences may ensue. For example, a judge may require you to complete a Batterer’s Intervention Program and/or community service, with the intention of rehabilitation. In cases where the victim incurred bodily injury, the defendant may face a mandatory 5 days’ jail time.


Defendants may also be presented with a no-contact order or injunction, which can prohibit contact with the victim for a specified amount of time or indefinitely. They may also see the loss of certain civil liberties, such as the right to carry a gun.


Perhaps the longest-lasting consequence of domestic battery, however, is the mark it leaves on the defendant’s permanent record. While some charges can be expunged or sealed, all domestic violence charges are permanent regardless of how the court case is settled. This means that, even if the case does not go to court, the domestic violence charge will still remain permanently on record with no opportunity for it to be removed. 


Having a domestic violence charge on record may impact sentencing in any future convictions, and can also jeopardize the ability to obtain professional licensure, housing, educational opportunities, and even employment. 


How to Fight Domestic Battery Charges


Despite the bleak outlook the law describes, all hope is not lost. By retaining an experienced defense attorney like Hanlon Law early in the process, you can take advantage of every opportunity to plead your case. 


The first step for our team would be to speak with the prosecutor to see if the charges can be dismissed or reduced. If the alleged victim is reluctant to press charges, there’s a good chance the prosecutor will agree. 


Other defense strategies include: 


  • You acted in self-defense
  • You acted in the defense of others
  • You acted in mutual combat
  • There are no physical injuries on the victim to prove battery
  • Factual disputes about the events of the incident
  • Vindictiveness on the part of the alleged victim


In cases where a no-contact injunction or order have been served, our team can liaise between you and the alleged victim to determine if he or she even actually wants to press charges. While the ultimate decision of whether or not to charge lies in the hands of the Office of the State Attorney, they will take into consideration the alleged victim’s wishes.


If the Office of the State Attorney does not seem likely to abide by the alleged victim’s wishes, we can encourage them to complete a drop-charge affidavit, go to a course, or visit with a domestic violence advocate to get the court to drop the charges. They can also file a motion to modify the conditions of release, dissolving the no-contact order so that you may personally confer with the victim in an attempt to get the charges dropped.


The Best Domestic Battery Lawyer in Orlando


With so many different opportunities to argue your case, it’s vital to seek legal assistance the moment you know you’ve been presented with domestic battery charges. At Hanlon Law, our team of domestic battery lawyers is at your disposal. With nearly two decades of experience, you can rest assured your case is in the best possible hands. Contact us today.

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