ORLANDO DOMESTIC VIOLENCE LawyerS
WHAT IS DOMESTIC VIOLENCE?
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.
Have you been accused of domestic violence? Call Longwell Lawyers today at (407) 553-9599 or contact us online to schedule a consultation with our domestic violence attorneys in Orlando.
Orlando domestic violence faq
Can domestic violence charges be dropped if the victim doesn't want to press charges?
In Florida, the decision to drop charges lies with the state prosecutor, not the victim. Even if the victim wishes to withdraw the complaint, the prosecutor can still pursue charges based on available evidence.
What should I do if I am accused of domestic violence?
Seek legal representation immediately. It is crucial to understand your rights and develop a defense strategy with an experienced attorney who can guide you through the legal process and advocate on your behalf.
How can a lawyer help in domestic violence cases?
A lawyer can help by analyzing the evidence, identifying weaknesses in the prosecution’s case, negotiating plea deals, and representing you in court. They aim to protect your rights and work towards the best possible outcome.
What defense strategies are available in domestic violence cases?
Defense strategies may include self-defense, lack of evidence, false allegations, or demonstrating that the incident did not occur as described. An attorney will tailor the defense to the specifics of the case.
Why is it important to have legal representation in a domestic violence case?
Legal representation is critical due to the complexities of domestic violence laws and the serious consequences of a conviction. An experienced attorney can navigate the legal system, protect your rights, and provide the best defense strategy.
WHAT ARE THE PENALTIES FOR DOMESTIC VIOLENCE in Florida?
Dealing with a domestic violence accusation is a serious situation, and at Longwell Lawyers, they have years of experience helping their clients avoid the following domestic violence penalties:
- Loss of your right to own or possess a firearm.
- Complete a 26-week Battery Intervention Program (BIP)
- 12 months of Supervised Probation
- 5 days mandatory jail if the victim is injured
- No Contact Order
- Not eligible for sealing or expungement
If you have been accused of domestic violence, it is crucial that you seek counsel from Longwell Lawyers right away. With more than 20 years of experience, our Orlando criminal defense attorneys are prepared to handle your domestic violence charges. We proudly serve clients in Spanish and Portuguese.
Understanding Your Legal Options after a domestic violence accusation in orlando
Navigating the complexities of domestic violence cases can be overwhelming. At Longwell Lawyers, we believe in empowering our clients with knowledge about their legal options. Whether you are a victim seeking protection or someone facing allegations, understanding your rights and the legal pathways available to you is crucial.
Here are some legal options you might consider:
- Legal Representation: Our experienced attorneys can represent you in court, ensuring that your voice is heard and your rights are protected throughout the legal process.
- Child Custody Considerations: If children are involved, understanding how domestic violence impacts custody arrangements is vital. We can guide you through this sensitive issue.
At Longwell Lawyers, we are committed to providing compassionate and strategic legal support tailored to your unique situation.
Protecting Your Rights in Domestic Violence Cases
Domestic violence cases can be emotionally and legally complex, and it's crucial to have the right legal representation to protect your rights. Our team of experienced domestic violence lawyers at Longwell Lawyers is dedicated to providing compassionate and effective legal support for individuals facing domestic violence allegations.
When you choose Longwell Lawyers, you can expect:
- Personalized legal strategies tailored to your unique situation
- Thorough investigation and preparation for your case
- Strong advocacy in and out of the courtroom
- Clear communication and guidance throughout the legal process
Whether you are seeking legal protection from domestic violence or are facing allegations, our team is here to provide the support and representation you need to navigate this challenging situation.
Contact our Orlando domestic violence lawyers at Longwell Lawyers online or call (407) 553-9599 for an experienced defense.
Florida DOMESTIC VIOLENCE LAWS
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.
Contact our Orlando domestic violence lawyers at Longwell Lawyers online or call (407) 553-9599 for an experienced defense.
Contact Our Domestic VIolence Attorneys Today
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 attorneys 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, and success.
Contact Longwell Lawyers today to get started on your defense with our Orlando domestic violence lawyers, who are dedicated to helping your secure optimum results!
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If you're in need of an AMAZING lawyer to handle your legal troubles, look no further. Longwell Lawyers are the absolute BEST. My husband needed an attorney after he found himself in trouble and we were directed to Longwell after a family member had seen a news report featuring them. From the first call, and being assigned to Ms. Abraham as a client, to speaking with her and hearing, just how dedicated she is to achieving a positive outcome for her clients we knew he was in good hands. She called us just a couple of days before Thanksgiving and gave us the greatest gift..the news that the case was dropped, there was no longer need to worry from day to day about what was going to happen. From start to the now conclusion of this, Longwell's team has been THE BEST. Easy to contact, easy to talk to, and makes you feel at ease in situation that you would hope to never find yourself in, but unfortunately do sometimes in life. Suzanne, Carmen N. and Muna as well as the rest of the team at Longwell Lawyers are the greatest. Top flight lawyers on the world in our book!!!
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