Orlando Lawyer Defends Clients Accused of Domestic Violence
Focused representation to protect your freedom and your reputation
Florida treats domestic violence as a serious crime, punished with fines and jail time in addition to restraints on the defendant’s family and social life. With so much at stake, you need an experienced and determined defense lawyer to get you through this crisis. For more than 25 years, The Law Offices of Tad A. Yates, P.A. has helped resolve domestic violence charges against our clients justly and fairly. We also contest or modify restraining orders (injunctions), helping them get their lives back on track without unreasonable limitations on their liberty.
Florida domestic violence law
Florida Statutes §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 or household member by another family or household member.”
A family or household member can include:
- Individuals related by blood or marriage
- Individuals living together as a family
- Individuals who have resided together as if a family in the past
- Persons who have a child in common
Most often, the crime is domestic battery, for which the court can impose several levels of punishment depending on the severity of the offense, the offender’s prior history and other factors. In most domestic violence cases where the accused person did not intend physical harm, the court orders probation of at least one year and the completion of a “batterers’ intervention program as a condition of probation.”
However, if the offender “intentionally caused bodily harm,” the mandatory minimum sentence is 10 days in county jail for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense.” If, in addition, the crime occurred “in the presence of a child under 16 years of age who is a family or household member,” the mandatory minimum sentence is 15 days in the county jail for a first offense, 20 days for a second offense and 30 days for a third or subsequent offense.
These are high stakes. Make sure that when you go to court, you have a capable criminal defense attorney at your side.
Restraining orders in Florida domestic violence cases
In addition to criminal penalties, the court can issue injunctive relief in the form of a formal court order restraining the targeted person from committing acts of domestic violence against the petitioner. It often comes with further restrictions, such as:
- Excluding the targeted person from the dwelling
- Awarding temporary child custody to the petitioner
- Awarding temporary child support to the petitioner
- Ordering the targeted person to participate in a treatment program
- Confiscation of the targeted person’s firearms
The willful violation of a restraining order (injunction) is a misdemeanor of the first degree, punishable by fines and jail time. If a person “who has two or more prior convictions for violation of an injunction,” violates the present restraining order, the offense is “a felony of the third degree,” punishable by time in state prison. If the violation of a restraining order results in an injury, the victim can recover economic damages as well as attorneys’ fees for the enforcement of the injunction.
If you’ve received notice that a restraining order (injunction) has been filed against you, you have a right to a hearing and to present counter-evidence. Let Mr. Yates defend your reputation and preserve your liberty.
Contact an experienced domestic violence defense attorney in Orlando for a consultation
A conviction for domestic violence can permanently damage your reputation, take away your freedom and damage your family and social life. If you are facing such charges, call The Law Offices of Tad A. Yates, P.A. at 407-608-7777 or contact us online to schedule a consultation.