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Arrested Or Accused Of Domestic Violence In Florida?

Have you been accused of spousal abuse in Tallahassee or elsewhere in Florida? Being accused of domestic violence can be a very stressful experience, especially when your personal freedom is on the line. Domestic violence occurs mostly within families, between husbands and wives, roommates, and individuals who are dating or have previously dated one another. The emotional damage of these charges can weigh heavily on a person.

If you’re facing such charges, contact the Tallahassee domestic violence lawyers from Jansen & Davis, P.A., to handle your case. If you are convicted, there will be serious consequences, so it is important to take action to prevent this, starting with hiring a Tallahassee criminal defense lawyer.

If you are facing domestic violence accusations in Florida, schedule a consultation with our Tallahassee domestic violence lawyer to discuss your defense options today!

Domestic Violence In Florida

In the state of Florida, domestic violence is defined as using intimidation or willfully causing physical harm against a spouse, partner, significant other or previous significant other. Both physical and emotional abuse qualifies as domestic violence and may lead to serious criminal charges. Physical contact with another person does not even have to occur for a person to be charged. Victims of domestic violence and spousal abuse, with the help of their lawyer, typically seek restraining orders against the alleged abuser.

Restraining Orders In Florida

Domestic violence charges often result in restraining orders against the accused. For a restraining order to be granted against an accused individual, there must be sufficient evidence that domestic violence has occurred. Sufficient domestic violence evidence can include destruction of property, assault, threats or harassment. Living with a restraining order can be difficult and violating your restraining order carries its own set of penalties.

A restraining order may prevent you from:

  • Going home
  • Visiting your children
  • Visiting certain establishments when the victim is nearby

Answering Your Questions About Domestic Violence Charges

When you are accused of any kind of familial violence, you may naturally have a lot of questions. We can help you find the answers to all your questions, including the ones below.

What’s the difference between a misdemeanor and a felony domestic violence charge?

While still significant, misdemeanor offenses are not considered as serious as felonies, so they come with less severe penalties. Whether or not you are charged with a misdemeanor or felony offense related to domestic violence depends greatly on the circumstances. If you have a history of violent offenses or the victim suffered actual physical injuries, you are more likely to face felony charges.

What are the penalties for being convicted of domestic violence in Florida?

In general, a misdemeanor domestic violence conviction can result in anything from probation to a year in jail and a $1,000 fine. Florida law specifically imposes minimum mandatory jail sentences of 15 days upon anybody convicted of a second domestic violence offense, and 30 days for any subsequent offenses. If you are convicted of felony-level domestic violence, you could be facing up to five years in prison (for a third-degree offense) and 30 years in prison (for a first-degree offense).

Will I be penalized if I violate a restraining order?

Absolutely. Violating your restraining order can result in additional criminal charges, including witness intimidation and violation of a court order. You can be convicted of those charges and serve prison time for them even if you are cleared of the initial domestic violence charges.

What evidence can be used against me in court?

Every case is different, but some of the evidence that may enter into your case could be police reports, cellphone records, security camera footage, witness statements and the alleged victim’s medical records. The attorneys at Jansen & Davis, P.A., will fight to prevent any irrelevant or illegally obtained evidence from being admitted in court.

Can I be convicted based solely on the accuser’s statement?

In any criminal case, it is up to the prosecution to prove what happened beyond a reasonable doubt. It is unlikely, but not impossible, for their case to succeed solely based on the statements of the alleged victim without some kind of corroborating evidence. That could be testimony from the officers who responded to the scene or medical records showing the accuser’s injuries, among other things.

What if the accuser decides to drop the charges?

An alleged domestic violence victim cannot actually press charges – or drop them. Once an incident is reported to the authorities in Florida, it becomes an issue in which the state decides what happens. Asking your accuser to drop the charges or recant their allegations is only likely to put you in violation of the protective order against you and lead to new charges.

Can a domestic violence conviction hurt my education or job prospects?

Yes. Every college and university makes its own decisions on whether to admit a student, but many will decline to admit someone with a violent criminal record. At a minimum, it may prevent you from taking advantage of on-campus housing.

Similarly, any kind of conviction for a violent crime can make an employer think twice before hiring someone. In addition, a felony record can actively prevent you from obtaining numerous professional licenses, further limiting your career opportunities. That’s why it is so important to fight these charges with the aid of an experienced defense attorney.

Local Domestic Violence Lawyers Serving Tallahassee

The attorneys of Jansen & Davis, P.A., can aggressively fight your restraining order in an effort to prevent your life from being negatively affected by something unnecessarily ordered by the court. The defense attorneys from our firm will put our well-developed legal knowledge and effective strategies to work for you. Domestic violence is a serious offense, but with the help of an experienced Tallahassee domestic violence attorney, you may have the best chance of overcoming your charges and moving on with your life.

Have you been accused of domestic violence? Contact a Tallahassee criminal defense lawyer today for help!