Tampa Domestic Violence Defense Lawyer

YOUR DOMESTIC VIOLENCE DEFENSE ATTORNEY’S ROLE

Your attorney’s primary duty is to conduct an independent investigation, reviewing the facts in your case and presenting what happened from your perspective. Other ways they support your case include:

• Evidence collection: During the investigation, they gather relevant evidence to build a defense using their experience with similar cases to help guide the search.
• Legal guidance and emotional support: Facing false allegations of domestic violence is an emotionally charged situation. A Tampa domestic violence lawyer offers objective professional guidance and supportive reassurance to help you through this difficult time.
• Risk mitigation: Taking on criminal charges without a legal representative risks your reputation and future. An attorney can protect you from mistakes that could have life-long circumstances.
• Trial representation: Having an attorney present your defense argument is invaluable if your case makes it to the trial phase.

A domestic violence defense attorney can access resources the average person cannot, and when the stakes are this high, you want every opportunity to fight false charges aggressively.

DOMESTIC VIOLENCE LAWS IN FLORIDA

Domestic violence is a broad term used to describe an array of charges in Florida. The action involves someone with whom you share a home, have a romantic relationship, or consider a family member.

Florida statute 741.28 defines domestic violence as “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 member or household member by another.” The distinction between domestic violence and other forms of violence relates to the measures taken to keep victims safe and the more extensive penalties for those convicted. Domestic abuse may encompass psychological, financial, or emotional abuse that may warrant a civil claim without resulting in a criminal case.

Types of cases domestic violence defense attorneys commonly handle include:

• Stalking, kidnapping, or false imprisonment
• Aggravated or domestic assault or battery
• Child abuse
• Sexual battery or assault
• Threatening bodily harm and other aggressive behavior

This is not a comprehensive list. Every case has unique circumstances, and a Tampa domestic violence defense lawyer can represent clients facing everything from violation of protection and restraining orders to withholding access to medications and health supplies. That experience is critical to an accused person’s case.

Learn more about Florida domestic abuse laws and the potential penalties that could apply to your case.

WHAT CAN YOU DO WHEN FALSELY ACCUSED OF DOMESTIC VIOLENCE?

Contacting a Tampa domestic violence defense lawyer should be the first step you take following false allegations of child abuse or domestic violence. Next, with the help of your attorney, you can take the steps needed for damage control. This can include contacting professionals and witnesses, such as those who testify about your character.

Avoid spending time alone with the accuser, ceasing interaction entirely when possible. When you need to interact, as is sometimes the case when children are involved, your goal is to have a witness with you at all times. Maintaining a calm, non-reactive demeanor shows the court that you are in control of your temper.

Avoid speaking with anyone other than your attorney about the case to protect yourself and your defense strategy. The process can be frustrating and sometimes feel unfair, but protecting your reputation and right to fair judgment is the top priority.

WHAT ARE COMMON DEFENSES AGAINST FALSE ALLEGATIONS OF DOMESTIC ABUSE?

A charge of domestic violence battery is defendable under Florida law, and the best defense will depend on the circumstances surrounding your case. These are the four most commonly used arguments against a domestic abuse charge:

• Self-defense: Claiming self-defense excuses the act by proving it was necessary to avoid sustaining harm caused by the other person. Florida law only requires a small amount of relevant evidence to prove that the defendant acted in self-defense.

• An alibi: When you can present witnesses who can testify to your presence somewhere else when the alleged act occurred, that strengthens your defense.

• Acting in defense of others: Similar to self-defense, protecting someone else from a violent threat is a strong defense against a domestic violence charge.

• Mutual combat defense: Mutual combat occurs when the confrontation is consensual. Florida recognizes this as a defense when the defendant is not the primary aggressor because both parties consented to touching one another due to the altercation.

It is never too soon to gather evidence and build a case. Acting fast is critical to your defense.

DOMESTIC VIOLENCE CHARGES AND PENALTIES IN TAMPA, FL

The consequences of domestic violence charges can be severe. Violating any terms can also have further repercussions.

Jail or Prison Time

According to Florida Statute 741.283, anyone convicted of a domestic violence crime must serve at least ten days in jail for a first-time offense—or longer if the convicted person has a history of DV charges.

Probation & Counseling

Even if you are not required to serve jail time, you may be placed under probation for a set length of time if you are found guilty of domestic violence charges. Florida Statute 741.281 states that anyone found guilty of a DV offense will be subjected to a minimum of one year of probation.

In Florida, you must also attend a batterers’ intervention program as part of your probation, which means regular trips to a program provider. If your case involves drugs or alcohol, you may be required to attend drug or alcohol counseling.

No-Contact Orders (Restraining Orders)

After a domestic violence conviction, a person may not be allowed to have contact with or come within a certain distance of their accuser. As a result of these types of orders, people may be prevented from returning to their own homes and seeing their children. Additionally, no-contact orders may impede their ability to rebuild the relationships with their involved family members.

Limitations on Firearm Rights

Florida law demands that those convicted of DV surrender their firearms. Furthermore, federal law prohibits people from owning, possessing, or using a firearm after a domestic violence conviction.

FAQS ABOUT DOMESTIC VIOLENCE CHARGES

Understandably, you likely have many questions about your case, how a Florida domestic violence lawyer can help, and what to expect from the legal battle soon to ensue. During your initial consultation, your attorney will review the details of these cases and prepare you for every stage of the process. Consider the answers to common questions that anyone facing allegations of domestic violence should know.