Florida treats domestic violence offenses with extraordinary severity. When domestic violence charges emerge, you face not only serious legal consequences but also potential damage to your reputation, career prospects, and family relationships. Understanding what constitutes domestic assault and battery and the potential penalties can help you navigate this challenging situation more effectively.
The Law Office of Gabriel & Gabriel provides aggressive representation against domestic violence charges in Palm Beach County. With over 30 years of legal experience defending clients against domestic violence allegations, West Palm Beach Criminal Defense Attorney Brian Gabriel understands the nuances of these sensitive cases and can develop a strategic defense to protect your rights and future.
What Is Domestic Violence in Florida?
Domestic violence in West Palm Beach encompasses various offenses committed against family or household members. According to Florida Statute 741.28, domestic violence is defined 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.”
The following constitutes a family or household:
- Spouses and former spouses
- People related by blood or marriage
- People currently living together as a family or who have lived together as a family in the past.
- People who have a child in common, regardless of whether they have been married or lived together
- People who are or were in a dating relationship
This broad definition means many different situations can potentially lead to domestic violence charges, even when physical violence isn’t present.
Types of Domestic Violence Charges in West Palm Beach
Domestic Assault
Domestic assault involves a threat of violence against a family or household member, creating a well-founded fear that violence is imminent. This charge doesn’t require physical contact—threatening words or intimidating gestures may suffice. Under Florida law, domestic assault is generally classified as a first-degree misdemeanor, with one year in jail and a $1,000 fine.
Domestic Battery
Domestic battery occurs when actual physical contact or harm takes place between family or household members. This may include hitting, slapping, pushing, or any unwanted touching. A first-time domestic battery charge is typically prosecuted as a first-degree misdemeanor, including up to one year in jail, a year of probation, and a $1,000 fine.
Aggravated Domestic Assault
When an assault involves a deadly weapon without intent to kill or commit a felony, it becomes aggravated domestic assault. This third-degree felony carries penalties of five years imprisonment and a $5,000 fine..
Aggravated Domestic Battery
Aggravated domestic battery charges apply when the battery causes great bodily harm, permanent disability, or permanent disfigurement or when the offender uses a deadly weapon. This offense is a second-degree felony, up to 15 years imprisonment and a $10,000 fine.
According to the Florida Department of Law Enforcement, thousands of domestic violence cases are reported annually, making it one of the most common violent crimes prosecuted in the state.
Domestic Violence Injunctions
A domestic violence injunction (also called a restraining order) is a court order designed to protect victims from further harm or threats of harm. These legal documents can significantly impact the rights of the accused and their daily life.
Types of Domestic Violence Injunctions
Florida courts may issue several types of injunctions:
- Temporary Injunction: Issued quickly after an initial petition, typically lasting up to 15 days until a full hearing
- Permanent Injunction: Issued after a full hearing, may remain in effect indefinitely or for a specified period
- No Contact Order: Often issued automatically upon arrest for domestic violence, prohibiting any contact with the alleged victim
What Domestic Violence Injunctions May Require
Once an injunction is granted, the respondent may be ordered to:
- Stay away from the petitioner’s home, workplace, or other specified locations
- Have no contact with the petitioner, either directly or through a third party
- Vacate a shared residence immediately
- Surrender any firearms and ammunition
- Attend a batterers’ intervention program
- Pay child support if appropriate
Consequences of Violating an Injunction
Violating an injunction is a first-degree misdemeanor punishable by up to one year in jail and a $1,000 fine. Subsequent violations may be charged as felonies with more severe penalties.
Defending Against an Injunction
An injunction can be contested at a hearing where evidence may be presented. Possible defenses include demonstrating that:
- The allegations are false or exaggerated
- The petitioner does not meet the legal relationship requirements for domestic violence
- The alleged conduct does not constitute domestic violence under Florida law
- The petitioner has ulterior motives for seeking the injunction
Legal Consequences of Domestic Violence Crimes
A domestic violence conviction brings severe penalties beyond standard criminal punishments. If convicted, you may face:
Mandatory Minimum Sentences
Florida law requires a minimum of 5 days in county jail for domestic battery convictions, even for first-time offenders, if the defendant is found to have intentionally caused bodily harm.
No Contact Orders
Upon arrest for domestic violence, a no-contact order is typically issued, prohibiting any communication with the alleged victim. Violating this order results in additional criminal charges.
Batterers’ Intervention Program
Those convicted of domestic violence offenses are generally required to complete a 26-week Batterers’ Intervention Program at their own expense.
Loss of Firearm Rights
Federal law restricts people convicted of domestic violence from possessing firearms, even if the conviction is for a misdemeanor.
Immigration Consequences
For non-citizens, a domestic violence conviction leads to deportation or denial of citizenship applications.
Employment and Housing Difficulties
A domestic violence conviction can make securing employment and housing challenging, as many employers and landlords conduct background checks.
Common Defense Strategies for Domestic Violence Charges
Effective defense strategies in domestic violence cases may include:
Self-Defense
If you reasonably thought you were in danger of imminent harm, your actions may be justified as self-defense.
False Accusations
Domestic violence accusations sometimes arise during contentious divorces or custody disputes. Demonstrating a motive for false allegations can be an effective defense strategy.
Lack of Evidence
The prosecution must prove guilt beyond a reasonable doubt. If the evidence is insufficient or witness testimony is unreliable, charges may be reduced or dismissed.
Violation of Constitutional Rights
If police conducted an illegal search or violated your rights during arrest or questioning, evidence obtained may be inadmissible in court.
Contact a West Palm Beach Domestic Violence Defense Attorney
Facing domestic violence charges requires immediate legal assistance. An experienced criminal defense attorney helps protect your rights, navigate complex legal proceedings, and work toward the best possible outcome for your case.
Criminal Defense Attorney Brian Gabriel has been defending clients against domestic violence charges in Palm Beach County for over 30 years. He will handle your case using all the knowledge and skills developed over the span of his career. Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.
