Orlando Domestic Violence Attorneys
Understanding Domestic Violence Laws in FL
Domestic violence occurs when one member of a family or household commits
any action resulting in physical injury against another family or household
member. Under such circumstances, the underlying crime may be increased
to a more serious classification/level, and additional penalties may be
required under Florida's criminal penalties and sentencing laws.
Police agencies, prosecutors, and courts have developed policies and procedures
that are uniquely designed for domestic violence cases, which affect the
investigation, arrest, booking, and release process. Also, alleged victims
are afforded additional protections and remedies, such as that of obtaining
an injunction or restraining order against the accused.
If you have been accused of domestic violence, it is crucial that you seek
Longwell Lawyers right away. With more than 20 years of experience, our Orlando
criminal defense attorneys are prepared to handle your domestic violence charges.
Applicable Florida Statutes
It can be challenging to understand the laws and statutes that surround
your criminal case.
To help you get more insight into the statues, our firm has provided the
741.28, domestic violence defined: "Domestic violence" can refer to any level of assault, battery,
sexual assault, stalking, kidnapping, or any criminal offense resulting
in physical injury or death of a family/household member by another family/household
member. This crime can be committed by a spouse, former spouse, parent,
person related by blood or marriage or anyone who is residing together
as a family (such as a roommate).
741.281, domestic violence sentence: A domestic violence conviction will require a minimum of one year probation
and mandatory counseling or intervention program unless the court decides
741.283, when jail will be required: If a person is found guilty of a crime of domestic violence and the person
intentionally caused bodily harm to another person, the court shall order the person to serve a minimum
of 5 days in the county jail, unless the court sentences the person to
extended time in a state correctional facility. The court can also issue
probation, community control, or an additional period of incarceration.
741.29, special rules for the way the police investigate and decide to arrest: A police officer must have probable to arrest a person for suspected domestic
violence. If they have this, they can arrest and charge an individual
without a warrant. This may include a complaint filed by a family or household
member. If two or more people have filed complaints against each other,
an officer will try to determine who appears to be the primary
741.30, securing a domestic violence injunction: When a person is an alleged victim of domestic violence, they often feel
that they are in danger of another act of violence (especially if the
offender is allowed to return home). Under these circumstances, they may
obtain an injunction for protection against future domestic violence.
The court may enforce the respondent's compliance with the injunction
by utilize penalties, such as fines or further probation/jail time.
741.31, penalties for violating an injunction
A person who willfully violates an injunction for protection against domestic
violence issued is committing a misdemeanor. You may violate an injunction
by refusing to leave the home or household shared with the other party,
getting closer than the permitted distance to the other party's location
(such as school, workplace or new residence), or committing any other
act specifically prohibited by the injunction. You may also be accused
of violating an injunction if you are in possession or custody of a firearm
or ammunition of any kind.
Let our defense team fight for you!
You don't have to fight your domestic violence charges alone. Regardless
of the charges you are facing, our firm is ready to protect your rights.
Allow our Orlando domestic violence attornys to review your case today
and start building an aggressive defense strategy on your behalf. Our
proven protocols and procedures are designed to maximize efficiency, quality
Contact us to schedule a free consultation with our former prosecutor today!