Domestic Violence Defense FAQ Clearwater | Tampa

If you are convicted of domestic violence, there are minimum mandatory sentences that are applicable depending on the type of domestic violence conviction.  This conviction will be on your record permanently for employers, potential employers, government agencies and others to see.  This will affect your ability to gain employment in many types of jobs.  This conviction can never be removed from your records.

• No. In a Domestic Violence Defense case in Florida, the offense has to be committed by one family or household member against another. This can mean a spouse or former spouse, a girl or boyfriend, or someone related to you by blood or marriage or if a child is shared between the parties. It does not matter if you have lived with this person in the past, present or ever.

No. This fact is often not revealed when a plea to a domestic violence offense is offered.

That doesn’t mean the charges will be dropped.  The Prosecutor does not always have to rely on the testimony of a victim to charge, prosecute and win a domestic violence case.  Often the prosecution may have other evidence, such as pictures of injuries, admissible statements, etc.  Domestic Violence offenses are taken very seriously by the courts (it’s very political now), they are pursued and can sometimes even be won with or without the testimony of the victim.

Florida Statute 741.2901(2) provides that it is the intent of the Florida Legislature to treat domestic violence “as a criminal act rather than a private matter.”

The Florida legislature has expressed an intention that “criminal prosecution shall be the favored method of enforcing compliance with injunctions for protection against domestic violence as both length and severity of sentence for those found to have committed the crime of domestic violence can be greater, thus providing greater protection to victims and better accountability of perpetrators.”

Don’t talk to anyone, call us.  If you decide to speak to law enforcement about the facts of your case without an attorney being present, then you are waiving your Fifth Amendment rights against self-incrimination and your Sixth Amendment right to counsel.  In the event the officer does intend to make an arrest, as your attorneys, we can help you surrender under terms that may speed up your release, keep you safe, and save you money. We can contact the prosecutor to discuss lowering the bond amount.

Felony domestic violence is more serious than misdemeanor domestic violence. Misdemeanors are punishable by small monetary fines and/or jail sentences of up to one-year maximum. 

A domestic violence felony charge can result in the following consequences:

• Heavier fines, sometimes several thousand dollars
• Incarceration in a state or federal prison facility, for periods longer than one year
• Mandatory rehabilitation courses
• Probation periods

Also, being found guilty could result in:

• Loss of gun ownership privileges (for offenders who have been issued a domestic violence restraining order)
• Loss of custody rights or visitation privileges
• Inability to secure a job or housing

Finally, most domestic violence criminal charges are considered to be misdemeanors, unless they involve serious injury or violence. However, in Florida, a domestic violence misdemeanor charge will often be counted as a felony due to the previous offenses.

The Batterers’ Intervention Program (BIP) is a twenty-six (26) to twenty-nine (29) week intensive program that addresses the causes of domestic violence and the ways to prevent it in the future. In order to successfully complete the Batterers’ Intervention Program, you must pay for a BIP Assessment, and then undergo the Assessment.

After the assessment, you must then pay for an orientation, and complete the orientation. Next, you have to attend 26 weeks of classes and pay for weekly small group counseling sessions (which are usually 90 minutes each) and complete at home assignments in your spare time. If you miss any of the classes you can be kicked out of the program which will cause you to violate probation and be subject to a “no bond” arrest warrant.