Domestic Violence

Domestic Violence


Additional Considerations If You Are Involved in Domestic Violence

Under Florida law, domestic violence includes any:

  • assault,
  • battery,
  • sexual assault or battery,
  • stalking,
  • kidnapping,
  • false imprisonment, or
  • any other crime that results in the physical injury or death . . .

. . . of a family or household member committed by another family or household member.  A family or household member can include spouses, ex-spouses, children, other people who are related to each other either by blood or by marriage, people living together as a family, or people who are not necessarily married but share a child or children.  Regardless, except for those that share a child in common, to be considered a family or household member for purposes of a domestic violence offense, those involved must currently live together in the same single dwelling unit, or they lived together at some point in the past.

Penalties Associated with Domestic Violence Offenses in Florida

If you are convicted of a domestic violence offense, you can expect to serve, at a minimum, one year of probation, and you will be ordered to attend a domestic violence intervention program as a condition of that probation. However, if during the course of a domestic violence offense, you intentionally cause bodily harm to another, you will be required to serve at least five days in jail. A sentence, in this case, could also include probation, community control, or even additional jail time.

Additional Considerations If You Are Involved in Domestic Violence

Even if you are simply charged, rather than convicted, with a domestic violence offense, a judge will usually impose an injunction, or no-contact order as a condition of your release while awaiting trial. But it is important to note that you do not even have to be officially charged with a domestic violence offense to be subject to a no-contact order. In the event that you are subject to a no-contact order, you typically cannot have any direct or indirect contact with the alleged victim unless and until a court modifies or rescinds the no-contact order. In most cases this means that you cannot be near the victim, contact them via phone or social media, or even through a friend or family member. Florida considers it a separate crime if you are found to have violated a no-contact order. Violation of a no-contact order is a first-degree misdemeanor where penalties can include up to a year in jail and a fine of up to $1,000. Moreover, if the no-contact order arose from a criminal proceeding, you would most likely have to be imprisoned until your case resolves or the judge issues a new bond.

If you violate a no-contact order by intentionally, maliciously, and repeatedly following or harassing the alleged victim, you risk facing aggravated stalking charges. Under Florida law, aggravated stalking is considered a third-degree felony where penalties include up to five years in jail, and a fine of up to $5,000.

Consult with an Experienced Florida Domestic and Family Violence Attorney Today!

If you or a loved one has been convicted of a domestic violence offense in Florida, it is imperative that you consult with an experienced Florida Domestic and Family Violence Attorney right away. A domestic violence conviction can result in serious criminal penalties, such as jail time and fines, but it can also adversely affect your relationships with other family members and even your children. A dedicated and knowledgeable attorney by your side can be invaluable when it comes to dealing with high-stress and emotional situations that often is the case when it comes to domestic violence. Call Beryl Thompson-McClary, J.D., at 888-640-2999 or 321-228-5065 for your free initial consultation and let an experienced and seasoned attorney help you fight your domestic violence charges today.