- Spouses and former spouses;
- Persons related by blood or marriage;
Pace Domestic Violence Lawyer
Florida takes domestic violence allegations seriously, even in situations where actual violence may not have occurred or the alleged victim requested the state drop the charge. While not all domestic violence charges carry the same penalties, an accusation alone may significantly impact your freedom, family relationships, and future.
For example, under Florida law, a person arrested for domestic violence must remain in custody until they appear before a judge within 24 hours after their arrest. This means a person will remain in jail for up to 24 hours with no bond until a judge sets a bond and conditions of bond which may include a no contact order with alleged victim, GPS monitoring, separation from home, and surrender all firearms and dangerous weapons.
What is Domestic Violence Under Florida Law?
Florida law defines domestic violence as a criminal offense resulting in physical injury or death of one family or household member by another family or household member.
Domestic violence offenses generally include assault, battery, stalking, kidnapping, false imprisonment, violation of protective order, or any crime that caused physical injury or death to another family or household member.
Family or household members means:
- 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.
Why Wont the State Drop the Charge Upon the Alleged Victim’s Requests?
This is one of the most important things to understand about domestic violence cases in Florida, the alleged victim does not control whether the charge is dropped.
In Florida, the charging decision belongs to the state attorney. Even if the alleged victim later says the situation was misunderstood, recants, or declines to cooperate, the state attorney may proceed with prosecuting your case.
You need a Pace domestic violence lawyer who can communicate directly with state attorney, present exculpatory evidence, and argue why your domestic violence case should be dismissed.
Domestic Violence Penalties
A domestic violence offense is generally charged as a misdemeanor, unless there are prior offenses, aggravating factors such as strangulation or the alleged victim was pregnant, upgrading the charge to a felony. Whether you are being charged with a felony or misdemeanor, a domestic violence conviction can carry serious penalties including:
- Probation
- Jail or Prison
- Fines
- Mandatory 26-week batterers’ intervention program
- Anger management classes
- No contact orders
- Loss of parental rights
- Loss of firearm rights
A domestic violence conviction may have significant consequences beyond the court room such as deportation if you are not a U.S. citizen, a permanent criminal record, loss of employment, housing denials, and restricted professional licensing.
Common Defenses
Some of the common defenses to a domestic violence charge are:
False Allegations
In the context of contentious divorces, custody disputes, or relationship breakdowns, an accusation of domestic violence can tip the scales in family court, restrict access to children, and force someone out of a shared home. While every allegation should be taken seriously, not every allegation is truthful and should be investigated. A false allegation defense is a defense in which the accused argues that a domestic violence allegation is fabricated, exaggerated, or otherwise untrue.
Self Defense
In certain circumstances, self-defense may be a viable defense to a domestic violence charge. Florida law generally allows individuals to use reasonable force to defend themselves or others from imminent harm. Florida's law differs from many other states in removing the traditional duty to retreat.
Lack of Evidence
A lack of evidence defense, or insufficient evidence defense, argues the state has failed to meet its burden of proof by proving every element of the crime beyond a reasonable doubt. It highlights missing, weak, or unreliable evidence such as lack of injuries, inconsistent statements, or faulty investigation to create reasonable doubt.
Contact a Pace Domestic Violence Lawyer Today
If you or a loved one were arrested for domestic violence in Pace, Florida or in Northwest Florida, you do not have to face the criminal justice system alone. Consulting with a Pace domestic violence lawyer as soon as possible helps ensure your rights are protected and that you understand your legal options from the outset.
Contact Pape Law today or complete our online contact form to schedule a free consultation with a Pace domestic violence lawyer. Consultations are available by appointment only.