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Orlando Domestic violence Attorney

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In Florida, a domestic violence conviction can carry severe penalties, which is why it’s important to have an experienced trial attorney on your side. At Frost Law, we are committed to defending your rights and as a former prosecutor, Attorney Frost can help you navigate the legal system and achieve the best outcome for your case. 

Defending What Matters Most

Domestic Violence Charges in Florida

Orlando Domestic Violence Lawyer

Domestic violence is a complex issue that encompasses a range of offenses in Florida. It’s important to understand the legal definitions, penalties, and defense strategies if you or someone you know is facing domestic violence charges. In Orlando, these cases can have significant consequences, making it crucial to navigate the legal landscape effectively.

In this comprehensive guide, we will explore various aspects related to domestic violence cases in Central Florida, including the types of cases, the legal definition of domestic violence, penalties, defense strategies, frequently asked questions, and the importance of hiring an experienced attorney. We will also provide valuable resources to assist you in understanding and addressing domestic violence charges effectively. 

Types of Domestic Violence Charges

Domestic violence cases in Central Florida encompass a broad spectrum of offenses. The most common charges we handle include: 

  • Child Abuse 

  • Domestic Battery 

  • Stalking

  • False Imprisonment

  • Violation of Restraining Order

  • Domestic Violence Release Conditions

  • Domestic Violence Sentencing Enhancements

It’s essential to remember that domestic violence can encompass various offenses, and the consequences can be severe. To address these charges effectively, it is highly recommended to consult an experienced attorney who specializes in domestic violence defense. 

What is Domestic Violence?

In Florida, domestic violence is defined under Florida Statutes 741.28(2), which states: 

 “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.” 

Family or household members includes: 

  • Spouses 
  • Former spouses 
  • Persons related by blood or marriage 
  • Persons residing together as if a family or who have lived together as if a family in the past 
  • Persons who are parents of a child in common, regardless of marital status. 

Except for persons who have a child in common, family or household members must currently reside together or have resided together in the same single dwelling unit.

What Are The Penalties for Domestic Violence In Florida?

A domestic violence conviction in Florida carries not only penalties associated with the specific crime but also additional mandatory penalties due to its classification as a “domestic” case. These additional penalties may include: 

  1. Loss of the civil right to own or possess a firearm 
  2. Mandatory completion of a 26-week Battery Intervention Program (BIP) 
  3. 12 months of supervised probation 
  4. 5 days of mandatory jail if the victim is injured 
  5. A no-contact order with the victim 
  6. Ineligibility for sealing or expungement 

The severity of penalties for domestic violence cases depends on the specific offense charged, and it can be categorized as either a felony or misdemeanor. It’s important to recognize that a domestic violence conviction can have long-lasting consequences, affecting various aspects of your life, including employment, education, housing, and immigration status.

Defense Strategies for Domestic Violence Charges

Defending against domestic violence charges in Central Florida is a complex process that requires a thorough understanding of the legal system and the specific circumstances of each case. Various defense strategies may be employed to protect your rights and secure the best possible outcome for your case. Some common defense strategies include: 

  1. Self-Defense: Demonstrating that your actions were taken in self-defense and were necessary to protect yourself or others.

  2. Stand Your Ground: Asserting that you had a legal right to defend yourself and did not have a duty to retreat from the situation.

  3. Defense of Others: Establishing that your actions were taken to protect another person from harm. 

  4. Mutual Combat: Arguing that both parties engaged in a consensual fight and should share responsibility for the altercation.

Investigating the defenses, gathering evidence, and interviewing potential witnesses are critical steps that an experienced Domestic Violence attorney can provide to prepare a robust defense. Timely action in your criminal case can make a significant difference in contacting the prosecutor, engaging with the victim, and preparing for litigation. 

How An Orlando Domestic Violence Attorney Can Help

An experienced Orlando domestic violence attorney can provide invaluable assistance in navigating the complexities of domestic violence cases. They can: 

  1. Analyze Your Case: Gather evidence, interview witnesses, and assess the allegations to build a strong defense.
  2. Ask Key Questions: Investigate whether self-defense, mitigating circumstances, or other factors played a role in the case.
  3. Protect Your Rights: Prepare your case for trial if necessary, address bond conditions, and help you regain access to your home or children.
  4. Seek Dismissal:Explore options for getting charges dismissed by contacting the accuser, providing evaluations, witness statements, and more.
  5. Build A Strong Defense: Utilize a range of defenses, including self-defense, absence of injuries, protection of property, and others to protect your rights.
 
In the challenging and unforgiving legal landscape surrounding domestic violence, it is vital to protect your rights and present a thorough defense. An experienced domestic violence attorney can provide the guidance and support needed to achieve the best possible outcome. 

the help you need to fight Domestic Violence Charges

Domestic violence cases in Central Florida involve a range of charges and can have severe consequences. Understanding the legal definition, penalties, defense strategies, and the role of an attorney is essential for effectively addressing these charges. It is important to protect your rights and seek the best possible outcome for your case. If you or someone you know is facing domestic violence charges, consult with an experienced attorney who can provide guidance, support, and a robust defense to protect your future. 

Frost Law is committed to defending individuals facing domestic violence charges in Central Florida. As a former prosecutor, Attorney Frost has a wealth of knowledge, resources, and effective defense strategies that can be tailored to your specific case. If you’re accused of domestic violence or related offenses, contact us today to protect your rights and secure the best possible outcome for your case. 

Attorney Frost is dedicated to providing strategic and personalized representation, guiding you through the legal process with expertise and compassion.

Our commitment to open communication, strategic advocacy, and a relentless pursuit of justice sets us apart. If you find yourself facing domestic violence charges in Central Florida, don’t face it alone. Contact Frost Law for a confidential consultation, and let us help you protect what matters most.

frequently Asked Questions

Domestic violence encompasses a pattern of coercive, abusive behaviors exerted by one partner over another. It can include physical, sexual, emotional, economic, or psychological abuse. 

Domestic violence affects approximately 10 million people in the United States each year and can occur across all demographics. 

If you are a mandated reporter, such as a healthcare professional or teacher, you may be legally obligated to report incidents of domestic violence. However, if you are a victim, you are not required to report the incident, but seeking help is strongly encouraged. 

In Florida, prosecutors vigorously pursue domestic violence cases, including incidents of domestic assault, battery, or abuse. Convictions can result in jail time, the revocation of firearms and concealed weapons permits, and a permanent criminal record. 

Whether someone can return home after a domestic violence arrest depends on the bond conditions set by the court. In many cases, the court may order the defendant to avoid any contact with the alleged victim and stay away from their home temporarily.