What is Domestic Violence
Nov. 11, 2022
Orlando Domestic Violence Attorney
In the State of Florida, a battery is defined as the actual and intentional touching of another person against their will. To make the offense Domestic in nature, that other person must be defined as a “Family or Household Member.” According to Florida Statute §741.28(3), a Family or Household Member is defined as:
Persons related by blood or marriage
Persons who are presently residing together as if a family or who have resided together in the past as if a family
Persons who are parents of a child in common regardless of whether they have been married
Typically, Domestic Violence cases are charged as a misdemeanor offense. However, if the case involves serious bodily injury or strangulation, the State of Florida can charge the case as a felony.
I have Been Arrested for Domestic Violence, What Now?
If you or a loved one has been arrested for domestic violence, you will be taken into custody without bond. The accused will be required to go before a first-appearance Judge within 24-hours of their arrest. The purpose of this hearing is to determine what conditions of release are necessary to ensure the safety of the alleged victim. Beyond setting a bond amount, the Court can also order that the accused have no contact with the alleged victim, not return to the scene of the alleged offense, and in some cases, require the accused to wear a victim empact monitor to ensure that the accused refrains from coming into close contact with the alleged victim.
Penalties for Domestic Battery
A charge of Domestic Violence Battery is considered a first-degree misdemeanor. This type of offense is punishable by up to one-year in jail, twelve months or probation, and a $1,000 fine and costs.
Additional Penalties for Domestic Violence Charge
Whether you are found guilty or enter a plea to the offense of Domestic Violence, there are additional penalties/consequences that you will face. Pursuant to Chapter 741, Florida Statutes, there are mandatory penalties a Court must impose should the offender enter a plea. These penalties include:
Completion of the 26-week Batterer's Intervention Program (BIP) - see F.S. §741.281
No Contact Order
Loss of your Right to a Concealed Carry Permit
Mandatory jail time if the Court determines that the accused intentionally caused bodily harm to the victim - see F.S. §741.283
Inability to seal or expunge record - see F.S. §943.0584
Experienced Orlando Domestic Violence Attorney
If you are faced with a charge of Domestic Violence Battery, you can see how serious the consequences can be. Having an attorney who is experienced in defending clients charged with domestic battery offenses can make a significant impact on the outcome of your case.
Our Orlando Domestic Violence Attorney has two decades of experience in litigating criminal cases. Call him today and 407-473-1233, or visit us at www.zlawfirmorlando.com to learn how he can put his experience to work for you.