Wellington Domestic Violence Lawyer

Wellington has stringent laws meant to protect the victims of domestic violence, whether the parties live together or are married. A charge of domestic violence can incorporate any crime against family or household, including sex crimes and stalking. The State generally prosecutes domestic violence crimes under Florida’s assault and battery statutes. Those involved in a domestic violence situation may find competent legal help with a Wellington domestic violence lawyer who is proficient in this area of criminal law.

What Is Assault and Battery?

Assault is the wrongful and intentional use of threats or threatening gestures that causes a person to be fearful that violence will occur imminently. Threatening words alone do not constitute an assault. Battery is the physical contact that results from the assault.

Understanding Aggravated Factors

The law also delineates aggravated offenses, which are reckless acts intending to cause serious injury or involving a dangerous or deadly weapon. An aggravated assault charge is a Felony that often brings comparatively lengthier sentences including the possibility of going to jail or prison.

If a person assails and strikes a law enforcement officer during an act of domestic violence with intent to harm the person, they are committing an aggravated assault and battery on a law enforcement officer, both felony offenses. A simple assault, under Wellington and Florida State law, is an attempt to cause injury, which the State prosecutes as a misdemeanor crime.

What is Spousal Abuse?

The term spousal abuse applies to a wide range of behaviors. These acts involve married couples but do not always result in physical injury. A spousal abuse Lawyer in Wellington could help defend against the following accusations:

• Assault
• Harassment
• Stalking
• Battery
• Kidnapping
• False imprisonment

Each of these allegations already represents a criminal act. However, the penalties associated with a spousal violence conviction are much higher when the alleged victim is a spouse or former spouse.

Why is Roommate Violence Different?

Any act of violence against another person has the potential to result in criminal charges. Every day, the Police make arrests based on allegations of assault and battery. That said, accusations of violence between roommates can carry additional consequences because the law often treats them as domestic violence.

Domestic violence covers a wide range of criminal acts. These offenses involve acts of violence against family or household members. Family or household members include parents, spouses, ex-spouses, co-parents, and even roommates. There is no requirement for a romantic or familial relationship between roommates.

A criminal charge categorized as domestic violence is serious, given that it could result in additional criminal consequences. The penalties for domestic assault are usually higher than standard assault.

There are different ways a Wellington Attorney could approach a roommate violence case. They could argue the parties involved are not roommates according to the law. They could also argue that no act of violence actually occurred.

Child Endangerment and Neglect

Child endangerment is a term that covers many actions, including neglect and child abuse. Florida provides that caregivers must provide a certain level of care under Statute Section 827.03. This includes meeting a child’s physical and mental health needs, generally, this is done by providing:

• Shelter
• Medicine and medical services
• Food and nutrition
• Supervision
• Clothing

Failing to provide this level of care could constitute neglect. Anyone who is unsure of how actions may be viewed in a court of law may wish to reach out to our Wellington child endangerment attorneys for additional insight.

Understanding Aggravated Harassment

State law does not recognize the crime of harassment or aggravated harassment. While many jurisdictions create an individual offense related to this behavior, that is not the case in Wellington. Instead, the offense of stalking covers acts of harassment in addition to an array of other acts.

The law defines harassment as a repeated course of conduct that causes intentional emotional distress, particularly when there is no legitimate purpose for that behavior. Harassment could involve repeatedly calling someone and hanging up or following them in public areas. This behavior must be repetitive, as a single incident cannot result in a viable stalking charge. A knowledgeable Lawyer in Wellington understands the relationship between stalking and aggravated harassment charges and how to defend against them.

Standard vs. Aggravated Harassment Charges

There are important differences between harassment and aggravated harassment charges. These differences are essential, as aggravated charges can lead to substantially higher penalties. A Wellington Attorney could defend against allegations of aggravated harassment while protecting an individual’s rights.

Three elements can increase a harassment charge to aggravated harassment. The first is when a credible threat is made by the accused. A credible threat involves a verbal or nonverbal threat that puts another person in reasonable fear of harm. The second is when the alleged victim is under the age of 16. The third is when a person violates a no contact order following the conviction of a sex crime.

The penalties for aggravated harassment can vary. Each offense is a Felony, which means there is the possibility of significant Prison time. In most cases, a conviction will result in up to five years in Prison.

Common Defenses in Acts of Domestic Violence

Anything a person says to police at the time of arrest is in the police report and becomes evidence for the prosecution to use. It is usually in a person’s best interests not to answer questions or say anything until a lawyer is present.

There are several defenses that may be applicable to a domestic violence charge, depending on the circumstances of the event. These include:

• Self-defense
• Lack of evidence
• Facts in dispute
• An injury did not occur
• The alleged victim was vindictive
• Mutual combat or confrontation
• Defending others or property

Jail Time After a Domestic Violence Conviction

As is the case with every criminal charge in Wellington, domestic violence offenses result in an initial arrest and can lead to incarceration. Whether or not the accused is likely to face substantial—or any—time behind bars depends on several factors, including whether the offense is a Felony and the number of prior convictions a person has.

The specific charge a person faces will determine the penalties that come with a conviction. For example, domestic battery is typically a Misdemeanor. That means it carries a maximum Jail term of one year. Many convicted of this offense will not face additional jail time following their arrest if they are accepted and successfully complete an approved domestic violence treatment program.

Some domestic violence cases are Felonies. These offenses carry much steeper penalties, including the possibility of multiple years in prison. Having multiple prior convictions can also lead to steeper penalties.

Domestic Violence Fines

In addition to the risk of incarceration, a conviction for a domestic violence offense can also lead to monetary fines. The amount of these fines will depend on whether the charges faced are Misdemeanors or Felonies. The maximum fine for a Misdemeanor charge is $1,000. These fines can be substantially higher for Felony offenses. A knowledgeable Attorney in Wellington could explain the expectations for this domestic violence penalty.

Collateral Domestic Violence Consequences

Jail time and fines are usually the consequences most people are concerned about when they face arrest for domestic violence. However, other consequences can impact an individual beyond those statutory penalties. In fact, a collateral consequence could follow the accused long after paying off their fines or serving jail time.

Anyone convicted of a domestic violence charge faces the loss of their right to own a firearm. This is due to federal law that strips those rights away from convicted domestic abusers. Anyone convicted of domestic violence could also lose other rights, such as voting rights.

A domestic violence conviction could also affect Parenting rights in a child custody case and eligibility for employment opportunities. Some property owners will not lease to those with criminal convictions. A domestic violence conviction could even impact an immigration case.

Like statutory penalties, these consequences only occur following a conviction for domestic violence in Wellington. That means it is essential to make every effort to avoid a criminal conviction in these cases. The right legal counsel could build a winning defense in a domestic violence case.

Consequences of Spousal Abuse Convictions

Many different potential consequences can come from a successful spousal abuse prosecution. A person convicted of spousal abuse will likely face statutory penalties like Jail time or fines. The specific penalty will depend on the type of criminal charge the state brings. For example, domestic battery convictions are often first-degree Misdemeanors. That means they can lead to a year in Jail. However, the law considers more severe forms of spousal abuse Felonies. A conviction for kidnapping a spouse could lead to 30 years in Prison and extensive monetary fines.

There are also collateral consequences to consider. Any person convicted of a domestic violence offense could lose a number of their constitutional rights. For example, a domestic violence conviction results in the loss of the right to own or possess firearms. If the law charges a spousal abuse case as a Felony, a conviction could also cost the accused their right to vote.

Not all collateral consequences have to do with constitutional rights. A person convicted of spousal abuse could also face hardships related to their employment, including the loss of a job or other employment opportunities. An Attorney in Wellington could work to ensure an individual does not face these spousal abuse penalties.

Consequences of Roommate Violence

Like any criminal charges, an arrest and conviction for roommate violence carry penalties written into statute. These primarily involve Jail time or fines. Depending on the circumstances, these charges could be Misdemeanors or Felonies. A person convicted of a Misdemeanor could spend a year in Jail, while a Felony could result in substantially more time behind bars.

Collateral consequences are also part of a criminal conviction. When it comes to roommate violence, these consequences can be steep. A conviction for domestic violence can result in the loss of important rights like the right to vote or own firearms. A Felony conviction also carries similar long-term consequences.

A criminal conviction can impact other areas of a person’s life. It could lead to the loss of a job or future employment opportunities. It could also result in the loss of reputation or difficulty finding appropriate housing. These collateral consequences can often last longer than Jail time.

It is critical to remember that these consequences are never guaranteed. Every person accused of roommate violence has the right to defend themselves. With the help of a Lawyer in Wellington, it could be possible to beat roommate violence charges or reduce the consequences of a conviction. A legal representative could win at trial or resolve the case with a reasonable plea agreement.

Consequences of Endangering a Child

Child endangerment convictions may carry harsh penalties. This is often dependent on how an individual is charged. Each classification of Felony carries different potential sentencing.

First-Degree Felonies are generally the most severe charge. A conviction could lead to a potential life sentence, a fine of up to $15,000, or both. Second-Degree Felonies carry heavy sentencing as well. An individual could face a prison sentence of up to 15 years, pay a fine of up to $10,000, or both if convicted.

Felonies in the Third Degree generally carry a maximum prison sentence of five years, fines of up to $5,000, or both. However, penalties could increase if aggravating factors, such as prior convictions, are present.

People facing child endangerment charges could also lose custody of children. A detail-oriented child endangerment lawyer in Wellington may be able to provide additional support to a family and fight to keep a family unit together. A child endangerment Felony charge may also impact an individual’s ability to find work, secure housing, or freely travel through their community.

What are Other Offenses Associated with Family Violence?

In situations where the alleged attacker prevents an adult, or a child younger than 13, from leaving using force, threat, or abduction, the state can file a felony false imprisonment charge. If someone holds a person against their will, the state can charge felony kidnapping. The state can also file sexual assault and battery and aggravated stalking charges if those behaviors are part of any alleged act of domestic violence.

A target of domestic violence can obtain a restraining order to keep their assaulter from making any contact. If they violate the restraining order, the prosecution can enter a charge of first-degree misdemeanor punishable by a year in jail. For more information on criminal defenses, the accused should speak with a Wellington domestic violence lawyer as soon as possible.

What to Do When Served with a Protective Order

Typically, the order a person is served with will be temporary and will stay in effect for approximately fifteen days until a hearing can be held on the merits of the claim. The Judge will hear evidence and determine whether the restraining order should remain in effect on a more permanent basis. A restraining order Attorney could help a Wellington resident make sense of the order and navigate the Court system so that their rights are protected.

What is Included in a Restraining Order?

There are a number of types of relief that a victim could potentially request in a restraining order. For example, the restraining order may:

• Prohibit contact with the petitioner
• Require the defendant to vacate the residence
• Establish temporary child custody and support
• Establish temporary alimony
• Require treatment
• Restrict gun ownership

Prohibiting Contact with the Petitioner

Every type of Florida restraining order prohibits contact between the victim and the defendant. This means that the defendant is not allowed to contact the petitioner by any means, be within 500 feet of the petitioner, or within 100 feet of the petitioner’s vehicle.

Establishing Temporary Child Custody, Child Support, and Temporary Alimony

If the alleged victim and the defendant have children together, the Court may set or modify custody on at least a temporary basis to ensure the protection of the child/children. The Court may also choose to set child support at the hearing.

In addition to child support, a spouse may request that temporary alimony be set at a hearing for a protective order.

Vacate the Residence

If the alleged victim and the defendant live in the same residence, the defendant may be ordered by the Court to move out.

The Court may also require a defendant to participate in treatment or counseling services

Restricting Gun Ownership

If a Judge orders a final injunction against an individual in Florida, the defendant may lose their right to own a firearm and be forced to surrender of any guns in their possession.

Help from a Legal Advocate

Prosecutors who wish to achieve a quick end to the case may offer to reduce the charges to lesser offenses if the person agrees to plead guilty. These agreements save the cost of a trial, but a plea bargain offer may also be an indication that the state does not have a compelling case.

Before entering a plea bargain, a defense attorney may be able to negotiate an arrangement that is more beneficial than the original offer. A Wellington domestic violence lawyer may be able to protect your rights. Call today.