How to Contest Domestic Violence Charges in Florida

Florida statutes define domestic violence, sometimes simply referred to as DV, as any act that results in someone’s physical or emotional harm or death at the hands of a family or household member.

The family or household member category includes the following:

• Spouse
• Former spouse
• Blood or marriage relative
• A child’s other parent
• Persons residing together

A DV conviction can have dire consequences on someone’s personal and professional life. If you face any accusations of domestic violence in Florida, you should reach out to a competent criminal defense lawyer who specializes in DV to help protect your rights and your future.

Types of Domestic Violence Charges in Florida

• Battery. Any intentional contact with another person without their consent.
• Aggravated battery. Battery that results in significant physical injuries, permanent disability, or disfigurement. It can also be a case of battery that involved a deadly weapon even if it did not result in severe bodily harm.
• Simple or aggravated sexual battery. Sexual contact with someone else without their consent, including by the use of physical force, threats, or intoxication.
• Assault. An intentional physical or verbal threat that makes the victim fear for their physical safety.
• Aggravated assault. Assault with a deadly weapon without the intent to kill, or with the intent to commit a felony.
• Simple or aggravated sexual assault. Assault of sexual nature, including child pornography and rape.
• Stalking. A behavioral pattern where someone follows or monitors an individual’s actions without their consent. Includes cyberstalking.
• Violation of restraining orders.

What Are the Possible Penalties for a Domestic Violence Conviction?

A conviction for domestic violence can involve any of the following penalties in Florida:

• 12 months of supervised probation
• Community service
• Completion of a 26-week Battery Intervention Program
• Ten days of mandatory jail if the victim was injured (additional mandatory jail time for subsequent offenses)
• Loss of child custody
• Loss of your civil right to own a firearm
• Restraining orders
• State prison sentence

It is also important to understand that a domestic violence conviction is not eligible for sealing or expungement, making it a permanent entry in your criminal record. This type of conviction can also affect your immigration status and result in deportation.

A DV conviction can also severely impact your educational, professional, and personal life. Many schools, credit agencies, landlords, employers, and government agencies can limit opportunities available to persons convicted of DV crimes.

Common Defense Strategies Against DV Charges

Domestic violence accusations can easily happen in the heat of the moment and result from arguments. It is not uncommon for police officers to place all parties involved under arrest when they answer a call for DV allegations.

Your criminal defense lawyer has various options to build an effective defense strategy, including:

• Demonstrating that the alleged victim is not credible, including the case of a vindictive spouse who wants to interfere with your parental rights
• Showing that you acted in self-defense or to defend your property
• Proving you did not intend to cause harm

Hire a Reputable Criminal Defense Attorney to Protect Your Future

With increased public attention to domestic violence and prosecutors’ dedication to convicting individuals facing domestic violence charges, you should hire an experienced criminal defense attorney as soon as possible. Although you should be polite with law enforcement, you should remember that you have the right to remain silent and work with a lawyer before saying anything that could be used against you.

At The Law Offices of Jeffrey S. Grossman, LLC, we fiercely advocate for your rights and fight to obtain a dismissal of charges against you. When you trust us with your defense, we carefully review your situation before conducting our own investigation.

When building your defense, our team:

• Gathers all evidence
• Speaks with witnesses and, if necessary, professional experts
• Asks vital questions to gain the full picture of the situation
• Assesses mitigating circumstances
• Negotiates out of the courtroom
• Represents you during a trial

We also educate you on the possible penalties you are facing and how they may impact your future. If you had a bond that included a “no contact” condition that prevents you from going to your residence or seeing your children, attorney Grossman can ask the judge to waive that requirement.