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:

  • Spouses
  • Ex-spouses
  • 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.

attorney

Mr. Yates is a past-President of the Orange County Bar Association and the Legal Aid Society of the Orange County Bar Association. He previously served as Chair of the Judicial Nominating Commission for the 9th Judicial Circuit. 

 Learn More

Contact us

Please fill out form below and one of our attorneys will contact you.

!
!
!

Our Office

Testimonials

  • When I met Tad Yates, I was frantic, scared and misinformed about the legalities of my case. He quickly reassured me that everything was going to be alright and started at once preparing my defense. Every time I needed to speak with him, he was there to give advice and inform me the status of my case. As a result of his hard work, he managed to get my case dismissed and this blemish off my record. If you’re thinking of hiring or consulting with Mr. Yates, your in great hands.

    ...
    Read More
  • Tad is an excellent attorney. Due to a momentary lapse in judgement, I was put in a bad position and could not be more grateful that I hired Tad. From the moment I met Tad, I knew that I was in great hands! Tad explained to me all possible outcomes of the case and really helped put my mind at ease. In the end, I wound up with a very positive outcome and I owe it all to him. Tad was always available when I needed to speak with him and I couldn’t be happier that I hired him. Without the help and guidance of Tad, I’m not sure where I would be today. Tad is not only an amazing attorney, but an all-around great person!

    ...
    Read More
  • I do not have enough words to describe how amazing the experience with this attorney was. He works very hard to obtain the best results for his clients. I could not have asked for better services. I had exceptional fast results, I highly recommend this attorney. Thank you again, Tad Yates.

  • After consulting with several different highly recommended lawyers, I decided to hire Tad. It was a decision that would truly effect my life in a very profound way. Tad never promised results, he did however layout his experience and give me his word he would put all his effort into my case. I felt that was the honesty I deserved. He was sincere, honest, and reliable. Every time we attended court he seemed to hold a very good relationship with all the court's people. My case with Tad lasted about 9 months. There were many times I wanted to break down, not knowing what the results would ultimately be; however Tad always personalized my case and would constantly provide me with assurance of his efforts. He was always extremely accessible. This gave me a lot of peace. The results of my case ended up being extremely satisfying. I was looking at losing everything, for good. I now have my peace, my freedom, and I am currently very successful. Even after my case, Tad kept tabs with me and ensured I was doing as I should. There is a handful of people God put in my life of whom helped me get to the next level, there is no denying Tad is one of them.

    ...
    Read More
  • Tad came highly recommended. Set up a consultation and after meeting him, hired him immediately. Tad is extremely knowledgeable, efficient and truly cares. He was always available to speak and support during a very difficult situation. Although he has many clients, he always made us feel important and took the time necessary to ensure our questions were answered and that we were comfortable with strategy and next steps. He ultimately achieved the desired result and we are forever grateful.

    ...
    Read More
  • When I met Tad Yates, I was frantic, scared and misinformed about the legalities of my case. He quickly reassured me that everything was going to be alright and started at once preparing my defense. Every time I needed to speak with him, he was there to give advice and inform me the status of my case. As a result of his hard work, he managed to get my case dismissed and this blemish off my record. If you’re thinking of hiring or consulting with Mr. Yates, your in great hands.- A.

    I was referred to Tad by a friend of the family. They told me what he did for them and assured me that he would do the same for me. He exceeded my expectations from start to finish. He used his knowledge of the law, professionalism and relationship skills to have my case completely dropped. No plea deals what so ever. He never once doubted me however he did explain exactly what we had to overcome. If you find yourself in a situation that could impact you for the rest of your life, whether you did anything wrong or not I would encourage you to give him a call.

    ...
    Read More

Ratings & Reviews

  • 5.0/5.0

    Tad Yates is an experienced and knowledgeable attorney

    — Sole Practitioner