Being arrested or charged with domestic violence is serious and can have grave consequences, especially if you are found guilty. A domestic violence conviction can result in:
- Jail
- Probation
- Conviction
- Fines
- Court costs
- Stay away order from the alleged victim
- Loss of employment
- Loss of work-related licenses
- Difficulty obtaining housing
- Negative immigration consequences
- Loss of firearm rights
- Difficulty in obtaining loans
- Negative effects on family law and custody cases
According to Florida Statute, § 741.28(2), domestic violence is defined as:
any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking (including cyber-stalking) aggravated, stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death of one family or household member by another family or
household member.
The general rule is that police officers cannot arrest a person for a misdemeanor unless it occurs in their presence. In domestic violence cases, however, police officers are authorized to make an arrest for misdemeanor domestic violence, simple battery, or assault even if the crime did not occur in their presence if they have probable cause to believe that the person has committed an act of domestic violence as defined above. The victim does not have a say in whether the police will arrest someone for domestic violence. Florida law also discourages police officers from arresting both parties in a domestic violence case. If police respond to a domestic violence call, they will inevitably arrest one of two parties. Moreover, Florida law holds that no police officer can be sued for making a domestic violence arrest based on probable cause, as long as it was made in good faith.
Victims of domestic violence may also seek protection orders from a judge which in Florida are called injunctions. The victim can seek an injunction against an alleged abuser by filing a sworn petition with the court. If the court grants the injunction, it will order the alleged abuser to stay away from the victim and not contact them. An alleged victim can file the petition pro se (without an attorney), or they can hire an injunction attorney to help them.
We have extensive experience defending domestic violence at the felony and misdemeanor levels.
