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Criminal Defense Lawyer in Orlando, FL

Domestic Violence Charges Lawyer in Orlando, FL


It is not uncommon for disputes between family members and those in relationships to escalate to violence. This violence can result in arrests, criminal charges, and substantial legal penalties that can significantly affect someone’s life. Domestic violence is taken seriously in Florida and is aggressively prosecuted in the court system. If you are the subject of a police investigation into domestic violence or have been arrested for it, you must immediately contact a criminal defense attorney to protect your future. 


Florida’s Domestic Violence Laws 


A wide range of actions may be considered domestic violence under Florida law. Traditionally, domestic violence is regarded as any crime that results in physical injury or death, threats of physical injury, or loss of freedoms.


Florida Statute 741 states that family or household members may be victims of domestic violence. The Statute defines relationships that qualify as a family or household members as: 

  • Spouses or former spouses 
  • Parents 
  • Children 
  • Siblings 
  • People living together as a family 
  • Individuals who have children together, even if they never lived together 


Penalties for a Domestic Violence Conviction in Florida 


There are various potential penalties for a domestic violence conviction ranging from jail time to probation. Here is a list of the most common penalties for domestic violence conviction: 


1. Prison Time 


According to
Florida Statute 741.283, anyone who has been convicted of a domestic violence crime must serve a minimum of 10 days in jail for a first-time offense, then long for a subsequent offense. It is important to note that these ten days are just a minimum. If a person is found guilty of a first-degree felony, they may face up to 30 years in prison. 


2. Probation 


Florida Statute 741.281 mandates that anyone found guilty of a domestic violence offense will be subject to a minimum of one year of probation. This statute means that even if you do not do serious jail time for your conviction, you will still be involved with the legal system for a significant period of time. While on probation, you may be required to hold employment, stick to a curfew, stay within city limits, and pay fines or reparations. If you are caught violating your probation order, a judge may impose harsh penalties, including prison time. 


3. Court Mandated Counseling 


As a part of your probation after being convicted of domestic violence charges, you must also attend a batterers’ intervention program. These programs typically last 26 to 29 weeks to address the root causes of domestic violence and prevent participants from committing acts of domestic violence in the future. You may also be required to attend drug or alcohol counseling if your case involves drugs or alcohol. 


4. No-Contact Orders 


After being found guilty of domestic violence, a person may be ordered by the court not to have contact with or come within a certain distance of their accuser. No-contact orders may be placed for varying periods of time, depending on the circumstances of the case. Those given no-contact orders may be prevented from returning to their homes and seeing their families. Violating a no-contact order can have severe legal repercussions, just like with probation. 


5. Firearm Restrictions 


Those convicted of domestic violence must surrender their firearms and are prohibited from owning, possessing, or using a firearm in the future. 


Legal Defenses to Domestic Violence Charges 


In order to secure the best outcome following an arrest for domestic violence, your lawyer should thoroughly review the circumstances of your case in order to devise the best defense strategy for you. Here is a list of common defenses for domestic violence charges: 


  • Factual disputes about the underlying incident 
  • Lack of evidence to corroborate battery allegations 
  • Absence of injuries 
  • Self-defense
  • Defense of others 
  • Defense of property 
  • Allegations brought out of revenge
  • Consensual confrontation 
  • Mutual aggression 


Skilled Legal Representation 


A domestic violence conviction can ruin your family and result in a permanent criminal record that will follow you for the rest of your life. The severe consequences of this offense make it essential to obtain the best available defense by hiring an experienced attorney to represent you. Having a skilled domestic violence lawyer will help minimize domestic violence penalties. If you are facing domestic violence charges in the Orlando, Florida, area, contact the attorneys at Hanlon Law to advocate for you. We will aggressively pursue the best possible defense to protect you. 

 

Contact the criminal defense lawyers at Hanlon Law today to protect all that you hold dear.

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