(813) 252-1529Domestic Violence Lawyer in Tampa
Domestic Violence Defense Attorney in Tampa Fighting for You
In Florida, if you are convicted of a crime of domestic violence, you will face severe penalties and long-term consequences. Domestic violence is a threat to many Florida families, but what if a person who’s accused of the crime is not guilty — or is the victim of a fabricated allegation?
Unfortunately, for many people, the legal punishment for a crime of domestic violence may not sting as much as the responses and attitudes of family members, neighbors, and friends. If you’re wrongly accused of a domestic violence crime, can you fight the accusation, avoid a criminal conviction, and hold onto your good reputation? If you keep reading, you’ll find some answers in this brief look at domestic violence crimes in Florida.
If you’ve been accused of domestic violence, it’s important to take action immediately. These cases often move quickly, and hiring a defense attorney as soon as possible may help you avoid potential consequences, such as a domestic violence injunction. Call attorney Patrick B. Courtney, P.A., today at (813) 252-1529 to schedule a meeting to go over your case.
What Constitutes Domestic Violence Under Florida Law?
Florida Statutes §741.28 define domestic violence as criminal offenses that result in the physical injury or death of a family member or member of a household. Actions named in this statute include assault, including aggravated assault; battery, including aggravated battery; kidnapping; false imprisonment; sexual assault; sexual battery; and stalking, including aggravated stalking.
Under this statute, household members include a spouse or former spouse, any person related by blood or marriage, persons who have lived together as a family in the past or present, and individuals who are the parents of a common child.
Florida’s criminal courts deal aggressively with all assault and battery crimes, but if one or both crimes are part of a domestic violence accusation and the defendant is convicted, the penalties will be even more severe. Working with an experienced domestic violence defense attorney can help guide you through the complex legal process of adjudicating domestic violence charges.
Florida Law Determines Who Is a Domestic Violence Victim?
Every state has different laws surrounding domestic violence and who is considered a victim under these statutes. In Florida, someone can be charged with domestic violence for acts involving a family member or household member.
Florida law defines household and family members as:
- The married or unmarried parents of one or more children
- Wives, ex-wives, husbands, and ex-husbands
- Persons who live together or who have lived together as a family
- Persons who are related by marriage or blood
Except for parents of a common child, those considered family or household members must be currently or previously residing in a household together.
If the parties are in a romantic relationship but haven’t lived together or been married and don’t share a child, it’s referred to as dating violence instead of domestic violence. Allegations of dating violence can still result in criminal charges and penalties and an injunction, which prohibits you from contacting or being around the alleged victim.
If you’re wrongly accused of committing a domestic violence crime in Florida, it is important to understand that emotions and prejudices may influence witnesses, jurors, and others who are involved in the case. You need an experienced attorney who is able to work with the facts of the matter and apply legal strategies to help you fight the charges and protect your freedom.
How Do Restraining Orders Work in Florida?
In Florida, restraining orders are referred to as injunctions. In domestic violence cases, this is called an injunction for protection against domestic violence. However, you can also be served with an injunction against repeat violence, an injunction against dating violence, or an injunction against sexual violence. Which injunction applies to your case depends on your relationship with the alleged victim.
When someone files a petition for an injunction against domestic violence, they typically must provide the reason why they are seeking that protection from the respondent (the person the injunction is against). For example, if they are filing because they believe they are in danger, they may need to list previous instances of violence or threatening messages. In general, there must be some evidence that the petitioner is in immediate danger. Some examples of this may be having a previous history of domestic violence convictions, having previous convictions for other violent crimes, and emails or text messages containing threats.
If the judge believes that there is an immediate threat of violence to the petitioner, the judge will normally issue a temporary ex parte injunction. It goes into effect when you are served and is in place for up to 15 days. This temporary injunction is designed to ensure the safety of the petitioner until a full hearing can be scheduled for both parties to be present.
At the hearing, you will be able to provide evidence and testimony to show that the injunction isn’t necessary. It’s vital to have an attorney represent you in this process. They can help refute the petitioner’s testimony and present evidence that you have been falsely accused.
If the judge doesn’t believe there is any threat of harm to the petitioner at this time, the injunction will be removed. However, if the judge does believe that domestic violence has occurred and there is an ongoing danger to the victim, they can grant a final injunction. A final injunction can be issued for a specific amount of time, such as one year or five years, or it can be ongoing. In the latter case, this means that the injunction will stay in effect until if and when either party requests that it be removed and a judge grants that request at a hearing.
What Happens If You Violate an Injunction for Protection Against Domestic Violence?
An injunction against domestic violence typically requires the respondent to avoid all contact with the petitioner. This includes calling, emailing, and texting. It also means that the respondent has to stay physically apart from the petitioner. The respondent is generally not allowed to be near the petitioner’s home or where the petitioner works. If the petitioner and the respondent currently reside together, it may mean that the respondent has to find somewhere else to live while the injunction is in effect.
If you do not follow all of the terms of the injunction, you can be charged with violating an injunction, which is a first-degree misdemeanor in Florida. If you have at least two previous convictions for violating an injunction, you can be charged with a third-degree felony. A first-degree misdemeanor is punishable by up to one year in jail and a fine of up to $1,000, but a third-degree felony carries a much stronger sentence of up to five years in prison and a fine of up to $5,000. Violating an injunction for protection against domestic violence can also increase the likelihood of the judge maintaining the injunction on an ongoing basis and can affect other areas, such as child custody disputes.
How Long Does Someone Have to Report Domestic Violence in Florida?
The law only gives prosecutors a certain amount of time to bring charges against a defendant. This is referred to as the statute of limitations and is an important thing to be aware of whenever you have been charged with a crime. In most criminal cases, the statute of limitations starts when the alleged incident occurs. If the alleged victim reports the crime after the statute of limitations has passed, the prosecution is not able to bring charges against the defendant.
The statute of limitations for domestic violence in Florida depends largely on whether the domestic violence crime would classify as a felony or misdemeanor charge. Felony domestic violence crimes have a three-year time frame from the date of the incident for the state to file charges. Misdemeanor domestic violence crimes have a one-year timeline for the state to file charges.
Why You Need an Attorney When You’ve Been Accused of Domestic Violence or Abuse
Being accused of domestic violence can be an overwhelming situation and leave you unsure of what to do. The best way to address domestic violence charges is to contact a domestic violence defense lawyer who can help you navigate the defense process and represent you in court.
Resolving a domestic violence case often involves investigations and cooperation with law enforcement officials as they look into allegations of abuse. It’s important in these contexts to know how to speak with officers so as to not negatively impact your case. This is why hiring a domestic violence lawyer to provide needed legal counsel is a smart move.
How Are Domestic Violence Crimes Penalized?
Florida statutes require anyone convicted of a domestic violence crime involving bodily injury to serve at least five days in jail along with any other penalty. A conviction for a crime of domestic violence may also be penalized with a lengthier jail or prison term, a fine, probation, and community service.
Should you be named as the subject of a restraining order, a violation of that order will be prosecuted as a first-degree misdemeanor, and a conviction is punishable with a one-year jail term.
Can you effectively dispute a phony charge of domestic violence? With a good lawyer’s help, the answer is yes. Remember that to win a conviction against you, a prosecutor must prove your guilt beyond a reasonable doubt.
If an allegation is phony, “proving” it is “true” will probably be an insurmountable task for the prosecution. In other circumstances, your defense lawyer may recommend using self-defense, the defense of others, Stand Your Ground, or the defense of your property as your legal defense strategy.
After examining the charge and the evidence against you, your attorney will develop a defense strategy that is both effective and appropriate. If you are innocent, tell your attorney to seek a dismissal of the charge — or to ask jurors for a not guilty verdict if the case goes to trial.
If the prosecution’s evidence against you is strong, your domestic violence defense lawyer may recommend enrolling voluntarily in an anger management or violence prevention program – and demonstrating to the judge that you’re serious about resolving the charge against you.
How Can a Domestic Violence Conviction Affect Your Life?
The consequences of a domestic violence conviction go beyond the criminal penalties. They have the ability to affect nearly every area of your life. One of the most serious is your access to your children. It’s not uncommon for domestic violence accusations to come before or after a divorce filing or the end of a relationship, and this could mean that a custody dispute is also involved. A domestic violence conviction, or even pending charges, can impact how parenting time and custody are determined, especially if the alleged incident occurred in front of or involved the children. You could end up with the other parent being awarded sole custody and may even only be able to see your children through supervised visitation if the judge believes they aren’t safe in your care.
A domestic violence conviction can also prohibit you from working in certain jobs that interact with vulnerable populations. For example, you may not be able to work where the role requires interacting or caring for children, the elderly, or those with physical or mental disabilities. If you are convicted of felony domestic violence, it can further limit your career prospects. These charges also carry a significant social stigma that can continue even if you are found not guilty or the charges are dropped, potentially affecting your relationships with family members and friends.
What Are Effective Defenses Against Domestic Violence Charges?
When someone is accused of domestic violence, Florida courts take the allegations very seriously. As mentioned, domestic violence convictions will carry penalties, but a good domestic violence defense attorney can present a case in your defense. Here are some of the common defense strategies for domestic abuse charges.
You Were Acting in Self-Defense
Florida law allows for the use of force when it’s in self-defense or the defense of others. Proving that the alleged abuse occurred in response to initial aggression from another party to protect yourself or your children can lead to a successful defense against domestic violence charges.
You Were Falsely Accused
If you did not commit the alleged abuse, you can use this as a defense. However, keep in mind that innocent people can be and often are arrested for domestic violence, and just saying you didn’t do it isn’t enough.
If accusations of domestic violence are found to be false, as the defendant did not commit domestic violence, charges can be dropped altogether. Demonstrating a lack of proof in the case is another defense tactic, as Florida prosecutors need to provide evidence beyond a reasonable doubt.
Your Actions Lacked the Required Intent
Lastly, lack of intent can be a successful defense if it is shown that the accused person did not know that their actions carried with them a certain result. This can be a particularly challenging defense strategy, and whether it’s an option for your case depends heavily on the circumstances and evidence available.
Are Domestic Violence Allegations Ever Fabricated?
Nationwide, it’s believed that around 10 percent of domestic violence allegations were falsely brought against a defendant. Fabricated charges of domestic violence are concocted with all kinds of motives. An ex-spouse may be seeking an edge in a custody battle, or a teen might lie out of resentment toward a stepparent. Sometimes, false domestic violence charges are made for no apparent reason at all.
Nevertheless, prosecutors, judges, and law enforcement officers must handle domestic violence claims seriously. If they don’t, the result can be a genuine tragedy. That’s happened more than once in Florida, and that’s why the penalties for a domestic violence conviction are so severe.
What Should You Do If You’re Falsely Accused of a Domestic Violence Crime in Tampa?
If you’re falsely accused of a domestic violence crime, you will have to make some important choices. The following suggestions may help.
Do Not Communicate With the Accuser
Do not confront your accuser, especially while the case is pending. If you must communicate, get your lawyer’s advice first. It’s likely that at least a temporary injunction will be issued, and violating this order could result in more charges and penalties and hurt your case.
Don’t Talk About Your Case
Avoid social media sites like Instagram and Facebook. Anything you post might be distorted or misinterpreted and used against you. If you have questions about who you should or should not talk to, such as a therapist, ask your attorney before moving forward.
Provide All of the Information You Can
Tell your criminal defense attorney if you know potential witnesses who can testify about your character or about specific allegations, and always tell them the whole truth. What you say to your attorney is protected by attorney-client privilege. A criminal defense lawyer is there to help you — not judge — but they need all of the information to be able to defend you successfully.
Tampa domestic violence defense attorney Patrick B. Courtney has practiced law for more than 24 years. He is a former prosecutor who knows both sides of domestic violence cases. He represents clients in Sarasota, Polk, Hillsborough, Pasco, Pinellas, and Manatee counties.
To learn more, call Pat Courtney’s law offices at (813) 252-1529 or complete the brief contact form on this website.
