Florida law is tough on people who are involved in domestic violence incidents. A person charged with an offense related to domestic violence faces many serious consequences, even if the case is dropped or the defendant is later acquitted.
If you were involved in a dispute with a romantic partner or member of your household and the police were called, you should call a Tequesta domestic violence Lawyer right away. One of our skilled Attorneys at Leifert & Leifert may be able to provide you with the appropriate representation necessary for obtaining the best possible result for your case. Call today to get started.
How Does the Law Handle Domestic Violence Accusations?
Tequesta law assumes that one party is in danger when police receive a report of a domestic dispute. It encourages law enforcement officers to arrest the primary aggressor when called to investigate a dispute, even if the alleged victim does not want the person to be arrested. In most cases, the arrested individual would not be able to post a bond, and would instead must remain in jail until they can go before a Judge which may take up to 48 hours.
Florida Statute § 741.2902 states that Judges shall exercise caution when deciding whether to release persons accused of crimes against a household member. We are often called to Court for those clients charged with Domestic Violence to secure their release after their initial arrest. Court occurs every day of the Year for these matters, including weekends and all Holidays and even local, State or Federal Emergencies.
No Contact Orders
When an accused person is released from jail they must typically abide by a no contact order that prevents them from contacting the accuser. This may prevent accused people from returning to their homes, accessing their belongings, or seeing their children. A no contact order is valid even if the person who made the original complaint wants the accused person back home.
Penalties of a Domestic Violence Offense in Tequesta
A person who faces accusations of battery, assault, sexual assault, false imprisonment, kidnapping and other related offenses is subject to harsher penalties if the complainant is a member of the accused’s household. Tequesta law defines a member of a household to include:
- Former spouses
- Persons who live or have lived together as a family but were not married
- Persons who have a child in common, even if they never lived together
Florida also has a law concerning “dating violence,” which imposes enhanced penalties if the parties have or had a romantic relationship within the previous six months.
Conviction on domestic violence charges that allege intentional infliction of bodily harm carries a mandatory minimum of 10 days in jail—more if the incident occurred in front of a household member who was less than 16 years old at the time. It also requires at least one year of probation and completion of a 26-week batterer’s intervention program.
What is an Injunction in a Domestic Violence Case?
In Tequesta, a person can seek an injunction against someone they allege may commit domestic violence against them even if the accuser never called the police about a specific incident. If the accuser can convince a Judge that they are legitimately fearful of violence or intimidation, an injunction may prevent the accused from going home, retrieving property, approaching the vehicle or workplace of the accuser, and seeing their children and pets. If the accused has a concealed carry permit it will be rescinded for the duration of the injunction.
The record of a domestic violence injunction exists forever and cannot be expunged, even if there is no prosecution. If there is an Injunction but the accused is acquitted of a criminal charge, the record of the domestic violence Injunction still exists. If the accused is arrested in the future on a domestic violence charge, a Prosecutor can use the earlier, unproved charge allegation or domestic violence injunction against the accused, in some scenarios. Each case is different and should be reviewed by an experienced criminal defense attorney such as those at Leifert & Leifert.
Contact a Tequesta Domestic Violence Attorney Today
Domestic violence cases can arise from simple disputes between loved ones. However, domestic violence accusation is not something that will resolve on its own. Being charge with this offense may bring about unwanted consequences, such as jail time and limited interaction with the alleged victim and their family.
If you have been charged with committing this type of offense, it is best to speak with one of our experienced Attorneys at Leifert & Leifert today. A Tequesta domestic violence Lawyer could advise you throughout your case and work with you to build the best defense possible. Call today to schedule a consultation.