If you are facing domestic violence charges in Boynton Beach, you need to retain legal counsel as soon as possible to maximum your chances of securing a positive outcome. A Boynton Beach domestic violence lawyer can commit to protecting your rights and freedom by providing the most vigorous defense possible. Contact a seasoned criminal defense attorney, and know that you are in good hands.
Florida’s Domestic Violence Law
In Florida, domestic violence means any of offenses the listed Section 741.28 of the Florida Statutes and/or committed by one family or household member against another family or household member. The offenses that can lead to a domestic violence charge in Florida are:
- Aggravated battery
- Sexual assault
- Sexual battery
- Aggravated stalking
- False imprisonment or
- Any criminal offense that results in the physical injury or death of one family or household member by another family or household member
Florida law defines the term family or household member to mean:
- People related by blood or marriage
- Former spouses
- People who presently reside in the same home as a family or who have previously lived together as a family and
- People who have a child together regardless of whether they were ever married
Apart from individuals who have a child together, family or household members must be currently living together in the same dwelling or have previously lived together in the same dwelling.
To convict someone of a domestic violence charge, the state must prove the elements required for the alleged offense(s) and that the alleged victim qualifies as a family or household member. Florida does not require the consent of the accuser in order to prosecute someone for acts of domestic violence. A Boynton Beach domestic violence lawyer can defend the accused against these charges.
Penalties for Domestic Violence in Florida
Domestic violence is not a crime unto itself, but a way to classify charges and increase penalties for certain offenses that are committed between family or household members. One incident of domestic violence can result in several charges, such as assault and battery.
A domestic violence charge can be a misdemeanor or felony depending on the specific facts of the case and if the accused has a previous conviction or arrest record. If a person is convicted of an act of domestic violence that results in bodily harm or injury, they will be required to serve a minimum of five days in county jail. A Boynton Beach domestic violence attorney can work to mitigate the penalties that an individual may face.
In addition to possible jail time, a permanent criminal record, and fines, anyone convicted of domestic violence may be required to participate in a Batterer’s Intervention Program. It is also common for courts to impose no contact orders as a condition of pretrial release.
Being charged with an act of family violence can result in civil penalties and impact the outcome of custody and divorce proceedings. In domestic violence cases, civil penalties usually take the form of injunctions (also called restraining orders), which can be requested in family court.
Florida allows alleged victims of domestic violence or persons who are in imminent danger of becoming a victim of domestic violence to seek an injunction. Violating an Injunction for Protection Against Domestic Violence is a first-degree misdemeanor.
Contact a Family Violence Attorney
A Boynton Beach domestic violence attorney will handle your case with the compassion and care you deserve, while at the same time and just as importantly, seeking a full dismissal of the charges. Contact an experienced lawyer today to discuss your case and options.