Being accused of domestic violence can pose personal, professional, and legal challenges. Even if you can avoid a criminal conviction and the court-ordered sanctions that may come with it, you may still be subject to a court injunction. An injunction may impose substantial limitations on your personal freedom and, if violated, make you subject to even harsher criminal penalties than those associated with your underlying charge.
Navigating domestic violence allegations is complex under any circumstances. Support from an expert defense attorney is vital. At Rossen Law Firm, we have successfully handled many different types of domestic violence cases, and we are prepared to fight for your rights. Throughout all your legal proceedings, our team of dedicated Pembroke Pines domestic violence lawyers can provide the custom-tailored guidance you need to secure the best possible outcome.
How State Authorities Prosecute Domestic Violence
According to Florida Statutes § 741.28, someone commits domestic violence when they carry out any of the following offenses against a “family or household member:”
- Simple or aggravated assault
- Simple or aggravated battery
- Simple or aggravated stalking
- Sexual assault or battery
- Kidnapping or false imprisonment
- Any offense directly resulting in physical injury or death
In this context, a “family or household member” can be a current or former spouse or intimate partner, any relative by marriage or blood, a co-parent of a child, or any person you live with “as if a family.” As a Pembroke Pines domestic violence attorney can further explain, this definition means it is sometimes possible for offenses against non-related roommates to be categorized as domestic violence charges.
Someone convicted of a domestic violence offense must serve a minimum of one year of probation and, as a condition of probation, complete a batterers’ intervention program in accordance with Fla. Stat. § 741.281. Additionally, as per Fla. Stat. § 741.283, people convicted of domestic violence must serve a minimum of 10 days in county jail, increased to 15 days for a second offense and 20 days for a third or subsequent one, unless their underlying offense carries a higher mandatory minimum term. An expert lawyer can work to build a strong defense and avoid these harsh penalties.
Handling a Domestic Violence Injunction in Pembroke Pines
Anyone who reasonably fears imminent harm from any form of domestic violence may apply for a court injunction. Court injunctions are separate from any criminal proceedings and are intended to provide someone with legal protection from further violence. These are distinct from other forms of protective orders in that they are meant specifically for “family or household members,” as defined above.
The terms of an injunction can vary significantly from case to case. Different orders may change custody rights or the right to live in a shared dwelling, mandate participation in counseling or other treatment, and place restrictions on how a defendant can contact the protected party or parties. Violating an injunction is a first-degree misdemeanor. Extreme violations may be prosecuted as aggravated stalking, a third-degree felony. Because these charges are so serious, it is crucial to work with the best domestic violence lawyers to take all of the right steps to protect your future.
Talk to a Pembroke Pines Domestic Violence Attorney About Legal Options
Law enforcement personnel and court authorities around the state take violence against household and family members very seriously. Whether you have an existing criminal record or not, proactively fighting back against allegations of domestic violence could be vital to protecting your future.
We know that sometimes good people say and do things they don’t mean when emotions run high. No matter what your charge is, your rights deserve to be protected. A Pembroke Pines domestic violence lawyer at
Rossen Law Firm is ready to help you through this difficult situation. Call today to set up a
free strategy session with a member of our
award-winning legal team.