When it comes to domestic violence, it can be difficult to defend accusations made against you, especially when it is the word of one person without much evidence. This is why it is so crucial that someone facing domestic violence retain the services of a qualified Winter Garden domestic violence attorney.
There are many ways our criminal defense team could help, such as pushing back against injunctions or restraining orders, and advocating for a defendant’s rights when it comes to child custody and visitation, as well as financial support. For those who are facing false accusations of domestic violence, an attorney could help mount a vigorous defense and salvage your personal reputation.
Domestic Violence Under Florida Law
Domestic violence is covered under Section 741.28 of the Florida Statutes. This statute defines domestic violence as a number of potential offenses, from assault and battery, to stalking, kidnapping, false imprisonment, sexual assault, or any other action resulting in physical injury or death between household and family members. ‘Household and family members’ has a rather broad definition under the law, and can include spouses and ex-spouses, roommates, co-parents, and blood relatives.
Depending on the exact offense, the consequences can be severe, including significant jail time. Someone facing domestic violence charges in Winter Garden will want to retain an attorney who could vigorously defend them in court.
Protective Injunctions for Household Abuse
Protective injunctions – also known as restraining orders – are a common solution to domestic violence cases and are covered by Section 741.30 of the state statutes. A protective injunction will require the alleged perpetrator to stay away from the alleged victim and other involved parties, prohibiting specific types of contact for a certain period of time.
Obtaining an injunction in and of itself is not a particularly complex process, although the emotions can run high, especially when the defendant is allowed to make an affirmative case in their defense. An experienced Winter Garden domestic violence lawyer knows how to handle this environment and could make strong arguments against a protective injunction, or advocate for a shorter or much less expansive order.
Penalties for a Domestic Violence Conviction
There are many potential penalties for a conviction of domestic violence. Misdemeanor convictions could see up to 60 days (for a second-degree charge) or up to one year (for a first-degree charge) in jail, and fines of up to $500 and $1,000, respectively. Convictions of third-degree and second-degree felonies could result in five to 15 years in prison, and fines from $5,000 to $10,000.
Beyond that, a defendant could see an injunction order against them, as well as mandatory counseling, community service, probation, and a batterer’s intervention program. A person in Winter Garden is wise to consult with a domestic violence attorney to discuss the potential punishments and how to navigate court in a way that produces the best outcome.
Call a Winter Garden Domestic Violence Attorney Today
Having an experienced Winter Garden domestic violence lawyer on your side is step #1 to reaching an outcome that will allow you to pick up the pieces and move on with your life. There is no reason to face the complex and intimidating legal system on your own when there are talented attorneys who successfully handle such cases every day.
Call Z. Hernandez Law today for a free consultation. In addition to potential criminal charges, this matter is personal to you, and Attorney Hernandez fights for you every step of the way.
