Domestic Violence Lawyer
Providing Domestic Violence Defense Throughout Jupiter and West Palm Beach, FL
Domestic violence is a serious crime that occurs between family or household members. The definition of a “family or household member” is quite broad in the state of Florida. This can include a spouse, relative, or someone you are living with or dating, or someone with whom you share a child regardless of whether you are currently living together. Statute 741.28 defines domestic violence as one of several crimes that fall under the “domestic abuse” umbrella. These offenses are violent offenses that result in injury or death and occurred between family members or household members.
Domestic violence cases wreak havoc on families and intimate partners and can often arise out of frustration or in the ‘heat of the moment.’ If you have been charged with any domestic violence crime, you need the representation of a tough domestic violence lawyer in Jupiter.
Florida Domestic Violence Laws
Section 741.28 of the Florida Statutes defines family or household members as people who are related in a multitude of ways:
- Any person related by blood or marriage, including sons, daughters, stepsons, stepdaughters, grandchildren, fathers and mothers
- People who live together as a family
- People who have lived together as a family
- People who share a child, whether or not they currently live together, or have lived together in the past
As you can see, domestic violence charges in Florida do not occur solely between married persons or blood relatives. If two people live together but are not married, violence charges may be prosecuted as domestic violence charges. The statute also defines “dating violence” as violence that occurs between people who have or have had a romantic relationship within the last 6 months but who do not necessarily live together.
Types of Domestic Violence Charges
Many offenses can fall beneath the domestic abuse umbrella. All the following charges can be prosecuted as domestic violence crimes:
- Aggravated Assault
- Aggravated Battery
- Sexual Assault
- Sexual Battery
- Aggravated Stalking
- False Imprisonment
In addition, any criminal offense resulting in physical injury or death can result in a domestic violence charge when it occurs between household or family members.
Consequences of Domestic Violence Charges in FL
Domestic violence crimes can be misdemeanor and felony offenses depending on the specific offense with which you are charged. This means you could spend time in jail, prison, or on probation. You may also be expected to pay steep fines. For domestic violence specifically, you could be expected to spend a minimum of 5 days in jail if convicted. You can also lose your right to carry a firearm for life, even for a misdemeanor domestic abuse charge.
In addition, domestic violence charges are unique in that if you are arrested for this crime, you are subject to a “no bond” policy. This means that you cannot immediately post bond until you have attended your first court appearance. It is also very difficult to have charges dropped as it is up to the state to drop domestic violence charges; alleged victims have no power to drop the charges against you.
If you face domestic violence charges, talk to an experienced domestic violence lawyer today. Attorney Brian Gabriel has defended those accused of criminal offenses for over 25 years throughout South Florida. Contact The Law Office of Gabriel & Gabriel or call 561-622-5575 to schedule a free consultation.