Florida law classifies various criminal offenses under the general category of domestic violence, including:.
- Domestic battery and aggravated battery
- Domestic assault and aggravated assault
- Kidnapping and false imprisonment
- Elderly Abuse
- Harassment, stalking and aggravated stalking
- Restraining order and no-contact order violations
- Sexual battery, rape, and other sex offenses
- Any criminal offense resulting in physical injury or death of one family or household member by another family or household member
Domestic violence is defined as any assault, aggravated assault, battery, aggravated battery, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons 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. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
aCCRDING TO OUR Domestic Violence Defense Attorneys, domestic violence is not just recurring violent behavior against a family member, such as a spouse or parent. Even an isolated event of grabbing, pushing or any other type of battery between a couple – married or not – siblings, or a parent and child can be considered domestic violence.
Mitigating circumstances can be explained early on in an effort to encourage the state attorney’s office to drop the charges.
According to our Domestic Violence Defense Attorneys, an injunction, often filed in domestic violence cases, is also known as a restraining order or protection order. This is defined as a civil court order that places restrictions on an individual referred to as the respondent. The individual that files the paperwork to initiate an injunction is called the petitioner. Restrictions may include the prevention of contact either directly or indirectly, restrictions on places the respondent may go and specific directions to the petitioner and respondent when children are involved.
There are 4 main types of injunctions:
- Domestic: These injunctions usually involve domestic relationships between a husband and wife or a couple who has a child in common. Also included in this category are blood relatives, ex-spouses and individuals who have lived together as a family.
- A domestic injunction may be issued in a domestic violence case where violence or stalking has occurred. Additionally
- A domestic violence injunction may be issued when someone has a reasonable fear that he or she is in imminent danger.
- Repeat violence: Repeat violence injunctions are common amongst neighbors, co-workers, and friends (or ex-friends). To prevail in obtaining an injunction against someone under this category:
- Two (2) separate acts of violence or harassment must be alleged on two (2) separate occasions.
- Of those two occasions, one must have occurred within six months of the filing for a repeat violence protective order.
- Sexual violence: If you have filed a police report or the person who you are seeking the injunction against has been sentenced to prison, you may seek this type of injunction. Additionally, the incident must involve a sexual battery, a lewd act on or in front of a child 15 years old or younger, luring or enticing a child, sexual performance by a child or a sexual act committed during a forcible felony.
- Dating violence: A dating violence injunction is typically sought where violence or stalking has occurred between two individuals that have been dating in the six months prior to the seeking of the injunction. This type of injunction covers the typical dating relationship where one or more instances of violence occur. The relationship must have been ongoing over a period of time, not just a casual encounter.
If you have an injunction in place against you after a domestic violence charge, and the person who filed the injunction has contacted you, you should contact us. Although you may not be doing anything wrong, the petitioner may seek to have you arrested based on any contact. Although the petitioner is not in violation by calling you, you may have a basis for a rehearing to remove the injunction. The courts do not appreciate petitioners contacting those who they have sought to have a protective order against. The very reason the protective order is in place is to protect someone who claims to be legitimately afraid and in danger.
If you or someone you know is in need of an attorney to assist with a protection order (injunction), call the Law Offices of Powers Sellers & Finkelstein, PLC for a free evaluation. Our Domestic Violence Defense Attorney are experienced attorneys who can assist whether you are defending an injunction in the Clearwater, St. Petersburg, Tarpon Springs, Largo or Tampa Bay areas. Call us for a free evaluation at (727) 531-2926 anytime, 24-7!
According to Florida law, domestic violence battery is any unlawful touching of a person classified as a family or household member by Section 741.28 of Florida Statutes. This type of offense is prosecuted throughout the State of Florida with penalties and long-term consequences far exceeding that of a regular battery charge. This is why you NEED a lawyer. Some common defense strategies in domestic violence include:
- Pretrial Motions
- Domestic Violence Diversion Programs
- Disputing the indictment based on facts and evidence
- No Injuries
- Domestic Violence Battery allegations with no evidence
- Vindictive victim
- Defense of others
- Defense of Property
- Stand Your Ground
- Consensual confrontation or mutual combat
We have over 20 years of experience handling domestic violence charges in Florida. Our Domestic Violence Defense Attorneys have a multitude of strategies to address domestic violence charges. Most can result in the case being dropped or the charges reduced. The goal in most cases is to avoid trial.
Call us for a free evaluation at (727) 531-2926 and let our team put our knowledge of the criminal justice system to work for you.