Domestic Violence Defense Lawyer in Orlando, Central Florida
Are you looking for a domestic violence defense attorney in Orlando? If so, NeJame Law can help! The general public is now more conscious about domestic violence and the State of Florida along with Florida law, is very serious about arresting and prosecuting individuals accused of domestic violence.
When the police receive a report of domestic violence 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 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.
What is Domestic Violence?
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 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
Domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, 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.
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Based on its definition, domestic violence is not just recurring violent behavior against a family member, such as a spouse or parent. Even an isolated event of grabbing, pushing or any other type of battery between a couple - married or not – siblings, or a parent and child can be considered domestic violence.
Domestic Violence in Florida - Penalties 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.
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 revocation of 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 you are not an American citizen and 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, the alleged victim also files a civil petition seeking an injunction. 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 do not 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. Therefore, it is important that your domestic violence attorney knows how to handle, strategize and defend both types of cases.
Defenses for 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 our Domestic Violence Attorneys in Orlando
Help is here! f you are arrested for domestic violence in Orlando, Winter Park, Kissimmee, Windermere or anywhere in Central Florida, there is always an experienced, knowledgeable and appropriately aggressive Orlando domestic violence lawyer at NeJame Law available to assist and defend you. We are available 7 days a week. Call us at 407-500-0000, fill out the online form provided on this page or email us at Defense@NeJameLaw.com and we will contact you shortly.
5 Star Reviews
Our highly experienced criminal defense attorneys have received numerous 5-star reviews from our clients. Below are some of them. Please follow the link to read more reviews!
My brother referred me to Mr. Eric Baker to help resolve my case for domestic violence. Despite the COVID19, Mr Eric stayed after office hours to meet up with me and he answered all the questions and did not rush me at all. Although I was so worried about the case, my lawyer told me not to worried and surely help me ease my mind. The case was dropped way before the court date. I want to thank him so much for helping me with my case. Only wished he would’ve remembered about my husband case and now I’m a little scared for him but pray for the best.I hired NeJame law after my car accident. Mary and Brittany were wonderful. They took their time explaining things to me and were always available if I had any questions.
We hired Mr. Flynn to represent our daughter in a domestic battery case. We had previously booked a trip for her to get away from the jerk she was dating. Her flight was booked for the day after the incident. I asked the officers about her trip and was told she would be in jail and would not be going. Fortunately, we had the best attorney possible. Mr. Flynn got her out on bond just in time to get her to the airport for her flight. It was so helpful for her to get away from the situation for 10 days.
The ex-boyfriend also filed a restraining order against her, so Mr. Flynn represented us in that case as well. A "deal" was offered by his attorney to accept 1 year under the restraining order. Mr. Flynn advised us not to take it, which we didn't. The next day, the ex-boyfriend didn't show for the injunction hearing, so the restraining order was dropped. Finally, 113 days after her arrest, the state dropped the criminal charges.
I'm very thankful that Mr. Flynn represented our daughter. I know he was lobbying the prosecutor's office with her side of the story. I'm also very thankful that he put up with this very worried mom. Nobody in our family has ever been arrested. We had no clue how all of this worked (outside of Law & Order). He always responded quickly to our questions and concerns. I also glad he didn't charge me per text! Actually, I think what we paid was very fair. I was concerned about the costs. Up front, we were told how much we would be charged. I was worried about hidden costs, but there were no additional charges. Everything was completely transparent. Don't take it wrong, Mr. Flynn, but I hope we never see you again ;-)
by S.E. and M.J.
I hired Jaya Balani on two occasions when she was relatively an unknown in the early part of her career at NeJame Law Firm. My son was accused of a crime he didn't commit and on another occasion his soon to be ex-wife was filing domestic violence charges against him. Jaya is available 24/7, she is strategic, organized, reassuring, thorough, patient, resourceful, compassionate, and honest. Jaya made one phone call to former Judge Belvin Perry (before he retired) and explained the mistaken identity for the crime he didn't commit (as my son had been in there almost 5 days and no one would listen) and my son was out of org county jail in 1 hr! The other case of domestic violence was dropped as Jaya discredited the ex-wife and exposed her lies. Also, I want to note that Jaya is not all about the money as she discounted our fees, but is about justice. To this day, if we need anything, we can call her and she remembers you and asks about the family, etc. A true legal advocate.
I was arrested a few months ago on the grounds of domestic violence. The officer who established the probable cause went above and beyond the tangible evidence to make the arrest despite the fact that the so called "victim" (wife) was insisting that there was no violence and it was just a heated husband-wife argument.
Prior to this arrest, I had no encounter whatsoever with law enforcement in my entire life and thus, this false accusation and arrest put me in much mental pain and anxiety. I retained Mr. Jancha a few days later and from the beginning, he did a great job explaining the process and potential consequences to me. He immediately started the communication process with the state attorney and documented all facts, photos, and statements that could help win the case. Mr. Jancha always kept me in the loop and gave me updates by phone or email. In about a month time, the state attorney was convinced that this case was not suitable for prosecution and it was dismissed right out with no conditions. In summary, if you are looking for peace of mind, you should definitely talk to this lawyer. He is not only a very helpful attorney, but also a pleasant person, and one who you never regret working with.