Domestic violence is aggressively prosecuted in Florida. A conviction can have serious consequences for a defendant, including jail time, fines and limitations on contact with his or her children. In addition, a conviction can impact a defendant’s career and reputation in the community.

The crime of domestic violence is essentially a battery committed against a member of the same family or household. Under Florida statute, a person may be charged with simple battery if he or she intentionally touches or strikes another person against their will or intentionally causes bodily harm to another person.

A defendant can be convicted of simple battery without injuring the alleged victim. If is sufficient for the prosecution to show that the defendant touched the alleged victim against their will and intended to harm them. Accidental touches during emotional domestic disputes are sometimes charged as simple battery. The charge becomes felony battery if the defendant causes great bodily harm, permanent disability or permanent disfigurement to the victim.

Domestic violence charges can be brought by and against people related by blood or marriage, even after divorce, and among other individuals who live together as a family or previously lived together as a family. Co-parents fall into this category as well, regardless of whether they ever lived together.

Every case of alleged domestic violence is unique. An experienced Florida criminal defense attorney can consider raising varied defenses, including these:

• Self-defense — You have a right to self-defense and can argue that your actions were necessary to protect yourself. In Florida, you also have rights under the “Stand Your Ground” law, which says people in their own homes have no duty to retreat and can use reasonable force when faced with imminent harm.
• Protection of other people or property — You don’t have to stand by and allow another person to injure other people or destroy property. If your motive was not to touch the alleged victim, but to stop damage to other people or destruction of property, your attorney may choose to argue this point in court.
• There was no battery — If there are no witnesses to the incident and no documented injuries, you may argue that the alleged victim is not being truthful.
• It was a mutual confrontation — Maybe you were also injured in the altercation. If you were both fighting, that may be a defense to the charge.

If you have been accused of domestic violence in Florida, retaining experienced counsel as soon as possible is the best way to protect your rights. The Law Offices of Tad A. Yates, P.A. in Orlando will provide effective assistance and work hard to achieve an acquittal or reduction in charges. For an initial consultation, contact us online or call 407-608-7777 today.