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Domestic Violence Lawyer in Orlando, Central Florida
Are you looking for a The general public is now more conscious about domestic violence and the State of Florida and Florida law has gotten much more serious about arresting and prosecuting individuals accused of domestic violence.
When a report of domestic violence is received by the police they will almost always make an arrest even if the complaining party expresses a desire not to press charges. Once the arrest is made, it is up to the State of Florida, through the Office of the State Attorney, to make a decision as to whether to bring formal charges or to dismiss the case. The desire of the complainant is typically important but not necessarily controlling as to whether the case will proceed. In fact, in Florida, some convictions have even been upheld when the "victim" or complainant failed to appear in court to testify against the defendant, but the State was able to prove its case by other means.
Florida law classifies various criminal offenses under the general category of domestic violence, including:
- Domestic battery and aggravated battery
- Domestic assault and aggravated assault
- Kidnapping and false imprisonment
- Elderly abuse
- Harassment, stalking and aggravated stalking
- Restraining order and no-contact order violations
- Sexual assault, sexual battery, rape, and other sex offenses
- Any criminal offense resulting in physical injury or death of one family or household member by another family or household member
Based on its definition, domestic violence is not just a cyclical violent behavior against a family member, such as a spouse or parent. Even an isolated event of a grabbing, pushing or any other type of battery between a couple... whether married or not... siblings or a parent and child can be considered as domestic violence.
Domestic Violence in Florida - Legal Consequences and Defense
Domestic violence penalties can be severe and devastating. Being found guilty of domestic violence carries serious legal consequences and may have a ripple effect on other issues such as child custody disputes, injunctions, pending divorces and even on your social and professional life.
Among the penalties you could face if found guilty of domestic violence are jail time, restrictive probation or community control, participation in Batterers Intervention Programs and revoking your concealed weapons permit. Also, you will not be allowed to seal or expunge that arrest even if the judge withholds adjudication. Worthy of note, is that if one is not an American citizen and they are convicted of domestic violence, it can and is used as grounds for a deportation or removal proceeding by Immigration and Customs Enforcement (ICE), to have the defendant expelled from the United States.
Oftentimes, a civil petition seeking an injunction is also filed by the alleged victim. This is a separate civil proceeding in which the complainant seeks to have a restraining order entered against the accused regarding contact, communication or other matters. There can be serious legal ramifications against someone if a restraining order is entered against them. In addition, it is important to realize that Fifth Amendment privileges against self incrimination don’t apply to these proceedings and a defendant who testifies in such a civil proceeding can have their testimony used against them in another criminal proceeding. It is important that your attorney know how to handle, strategize and defend both types.
The defense of a domestic violence charge can be challenging. Each Domestic Violence Lawyer at NeJame Law in Orlando, Central Florida has experience defending and assisting individuals against domestic violence charges.
Contact a Domestic Violence Lawyer in Orlando at NeJame Law
If you are arrested for domestic violence in Orlando, Central Florida, Melbourne or anywhere in Florida, there is always an experienced, knowledgeable and appropriately aggressive Orlando domestic violence lawyer at NeJame, LaFay, Jancha, Ahmed, Barker, Joshi and Moreno, P.A.available to assist and defend you. We are available 7 days a week. You may either call our office at 407-245-1232, fill out our online form to contact a criminal defense attorney in our Law Firm or email us at Defense@NeJameLaw.com.