Weston Domestic Violence Lawyer

Domestic violence charges are one of the more sensitive cases to defend yourself against. Due to the potential hardship bestowed upon the family, accused individuals may feel as if they are out of options.

If you have been accused of committing an act of violence or aggression towards a family member, you should immediately retain the services of one of our trusted Attorneys at Leifert & Leifert. With a Weston domestic violence Lawyer at your side, you may be able properly defend yourself. To get started on a case, schedule a free consultation today.

Legal Definition of Domestic Violence in Weston

Although domestic violence charges are centered around family disputes, they are treated as criminal offenses as opposed to a civil offense. Once Law Enforcement believes that you have committed an act of domestic violence, they may choose to step in by aggressively pursuing charges against you. Pursuant to Florida Statute § 741.28, you may be charged with this offense if you commit any of the following actions against a family member:

• Assault and battery
• Sexual assault and battery
• Stalking
• Kidnapping and false imprisonment
• Physical harm or death to a family member

According to the law, a family member includes current and past spouses, persons related by blood or marriage, persons residing together as a family of who have done so in the past, and persons who are parents of a child.

How Does the Law Define Child Abuse?

Violence against a child can be physical or mental, and anyone who believes that a child is the target of mistreatment may report their suspicions to the police. Often teachers, coaches, and others who spend large parts of the day with children witness the effects of abuse and initiate investigations by contacting authorities.

Florida law classifies child abuse as a Felony, which means anyone convicted of mistreating a child will serve time in jail. Florida statutes define the types of mistreatment that rise to the level of criminal activity.

Generally, abuse is any intentional acts, omissions, or threats that injure a child mentally, physically, or sexually and result in the impairment of the child’s physical, emotional, or mental well-being. Florida Statutes Annotated § 827.03(1)(a) explains aggravated child abuse in detail – aggravated battery, willful torture, malicious punishment, unlawful imprisonment, conscious participation in conduct that one knows will cause substantial injury or permanent disability or disfigurement.

Other actions that may amount to a criminal activity include:

• Neglect
• Contributing to the delinquency or addiction of a minor
• Misappropriation of child support payments
• Abandonment

Stalking Under State Law

Under Fla. Stat. § 784.08, the criminal offense of stalking occurs when individuals intentionally, maliciously, and continually follows, harasses, or cyberstalks another person. Conduct qualifies as harassing if the actors engage in a course of conduct directed toward another person that serves no valid purpose other than causing substantial emotional distress.

Furthermore, cyberstalking refers to communicating with a person via electronic mail or other electronic means or accessing or attempting to access the online accounts or Internet-connected home electronic systems of a particular person without consent and to cause substantial emotional distress.

Various forms of conduct could qualify as stalking under state law. Some common examples of behavior that might lead to a stalking charge include:

• Repeatedly contacting individuals with disturbing and unwanted messages via text, email, phone calls, and letters
• Leaving or sending unwanted or disturbing “gifts” for individuals at their homes, schools, workplaces, or vehicles
• Vandalizing, destroying, or otherwise damaging personal property
• Following or appearing at various places where the persons are present, including in public spaces, at their homes, at their workplaces, and their schools

When these behaviors occur continually over even a relatively short period, stalking charges may result. As the consequences of a stalking charge in the local area can be devastating, getting the advice of a stalking Attorney may be highly beneficial.

What are the Penalties for Domestic Violence?

Depending on the circumstances of the alleged offense, you may face prison time if convicted. The minimum sentence for a domestic violence offense in Florida is 10 days in county Jail for a first offense. For a second offense, you can be sentenced to 15 days in county Jail, and 20 days for a third offense. If the alleged crime took place in front of a child under the age of 16, you may be ordered to serve a minimum sentence of 15 days in Jail.

In addition to a Jail sentence, you may be required to attend a batterers’ intervention program while on probation for one year.

Penalties for Child Abuse Convictions

While each case’s facts and circumstances will influence the particular sentence imposed upon any given individual, all child abuse convictions fall under Felony guidelines. At a minimum, child abuse is a third-degree Felony and carries a maximum sentence of five years of probation or imprisonment and a $5,000 fine. For convictions on aggravated child abuse, a first-degree Felony, the offender faces maximum jail time of 30 years and a $10,000 fine.

Potential Punishments for Stalking

State law provides that stalking is a Class 1 Misdemeanor. A conviction for this level of a Misdemeanor can cause a jail sentence of one year and a maximum fine of $1,000. A stalking conviction may involve other penalties, as well.

For instance, the stalking statute specifically provides that a sentencing Court in a stalking case is required to consider entering a restraining order prohibiting all contact between the parties involved. The Court can put a restraining order into place for up to ten years, which can significantly restrict movement and activities even for individuals who are not or no longer are incarcerated. Additionally, individuals can face additional criminal charges if they violate the restraining order in the future.

In some cases, individuals can face aggravated stalking charges, which is a more severe charge than stalking. Aggravated stalking charges may occur when individuals commit typical stalking behaviors, but also make a credible threat toward the person. A credible threat is a verbal or nonverbal threat that places people in fear of their safety or the safety of others who are close to them, based on a reasonable perspective.

Under state law, aggravated stalking is a third-degree Felony offense. As such, the potential penalties for aggravated stalking are more severe than those for stalking. A conviction on a third-degree Felony carries the potential for individuals to receive up to five years in prison and a $5,000 fine. As a Felony conviction can have widespread implications for the future, getting the advice of a stalking Attorney in the nearby region can be crucial.

What are Domestic Violence Injunctions?

As stated by Florida Statute § 741.30, you may also be ordered to vacate your place of living if shared by the alleged victim or family of the alleged victim through a Court injunction. You may also be required to temporarily pay for specific expenses and adjust your custody rights over a child. These injunctions pose serious and drastic changes to your life and should merit the attention of a Weston domestic violence Lawyer.

Learn More about Domestic Violence from a Weston Lawyer

Domestic violence offenses are one of the more serious criminal offenses due to the harm that can be inflicted upon your way of living and the relationship you have with your family. Fortunately, you have many legal options available.

Call a Weston domestic violence Lawyer at Leifert & Leifert today if you have been charged with a family violence offense. An Attorney can work tirelessly on your behalf to get you the result you deserve. Schedule a free consultation today to get started on your case.