It can be challenging to understand the laws and statutes that surround your criminal case.

To help you get more insight into the statutes, our firm has provided the following summaries:

• 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 otherwise.
• 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 utilizing 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.

Can the Victim Drop Domestic Violence Charges?

In the state of Florida, once a domestic violence charge has been filed, it is up to the prosecutor’s discretion whether or not to pursue the case, regardless of the victim’s wish to drop charges. Therefore, even if the victim drops the charges, the state can still pursue the case. This is due to the fact that domestic violence is considered a crime against the state, not just the victim. In spite of what a victim wishes, it is the state’s duty to protect its citizens and hold perpetrators accountable. Coercion or intimidation of a victim into dropping domestic violence charges is a separate crime in Florida and can result in additional charges for the perpetrator.

You should seek legal advice from an Orlando domestic violence lawyer if you are facing domestic violence charges or have questions about the legal process. Our Orlando domestic violence attorney can help guide you through the legal process and protect your rights.

Can a Domestic Violence Conviction Affect Child Custody?

A domestic violence conviction can significantly impact child custody in Florida. When determining custody arrangements, courts prioritize the best interests of the child, and one of the primary factors considered is the safety and well-being of the child. A conviction for domestic violence may lead the court to question whether the accused parent can provide a safe and stable environment for their child.

If one parent has been convicted of domestic violence, the court may decide to limit their custody rights. This can include restricting visitation, mandating supervised visits, or in some cases, denying custody altogether. The severity of these restrictions typically depends on the nature of the conviction, the extent of the violence, and any prior incidents involving the child or other family members.

In addition to losing custody rights, a domestic violence conviction may also impact future custody modifications. Once a parent is convicted of domestic violence, any efforts to seek greater custody or visitation rights may face additional scrutiny from the court. The parent would need to demonstrate substantial changes in circumstances and prove that they no longer pose a risk to the child.

For parents facing domestic violence allegations, it is critical to understand the potential long-term impact on child custody. Defending against these charges and providing evidence that supports the parent’s fitness to care for their child is crucial. In cases where a conviction has already occurred, legal guidance is essential to navigate potential custody disputes and protect parental rights.