Arguments with a household member that get out of control, even for just a moment, can lead to domestic violence charges. Any conviction related to a domestic dispute stays on your record forever and cannot be expunged. It will permanently affect your employment and housing opportunities and could prevent you from obtaining some professional licenses. Crucially, a partner could use a domestic violence conviction against you in child custody proceedings.
If you face domestic violence charges, get an expert defense attorney at Rossen Law Firm fighting for you. Our expert Wellington domestic violence lawyers understand how unfair these charges can be and will do everything in their power to help you obtain the best possible outcome in your case.
How the Law Defines Domestic Abuse
Florida Statutes §741.282 describes the crime of domestic violence. Any aggressive act against a spouse, family member, co-parent, or another person who shares or did share a household with an alleged offender could be domestic violence if it results in physical harm. However, many forms of alleged emotional, psychological, and financial abuse also could lead to domestic violence charges.
Law enforcement and prosecutors focus significant attention on protecting alleged victims of domestic violence. You face immediate consequences for domestic violence before you even have a chance to present your side of the story. Domestic violence is a no-bond offense, meaning that alleged perpetrators must appear before a judge before they can get released on bond. Our skilled Wellington attorneys can represent you at the first hearing on a domestic violence charge and work to obtain a reasonable bail.
Protective Orders Can Cause Serious Issues
A domestic violence complainant can request the court to issue a protective order preventing you from contacting them or coming within a certain distance. These orders could ban you from writing, emailing, calling, or texting the alleged victim or commenting on a social media post. The order could remain in effect for weeks or even months, causing significant expense and disruption. If the complainant is a co-parent, you might not be able to see your children until the matter is resolved.
A protective order could impact your life in other ways. The court could order you to surrender your firearms and refrain from drinking alcohol. In some cases, you will have to pay for the alleged victim to find another place to live. An expert domestic violence attorney in Wellington can arrange for the most limited order possible under the circumstances.
Sometimes, a complainant will change their mind after pressing charges and want to resume contact. However, both parties must continue to respect the order until a court modifies or lifts it. The alleged victim could petition the court to lift the order, but it remains in effect until a judge rules. Florida Statutes §741.31(4) makes violating a protective order a first-degree misdemeanor, and each contact could represent a separate charge.
Defenses to Domestic Abuse Charges
Penalties upon conviction of a domestic violence crime are harsh. Five days in jail is mandatory if the alleged victim suffered an injury, but the sentence could be up to one year in jail. Additional penalties might include a $1,000 fine, probation, a 26-week batterers’ education course, and the loss of certain gun rights.
When an accomplished Wellington attorney from Rossen Law Firm gets involved early in a domestic violence case, the chances of a favorable resolution improve. Even if a no-contact order prevents you from talking to the complainant, an attorney could speak with them about the consequences of pursuing the charge. Although prosecutors can move forward over an alleged victim’s objections, in many cases, they will not do so.
If the prosecutor does not drop the case, an attorney will thoroughly investigate the incident and present all available evidence to prevent a conviction. A Rossen Law Firm lawyer will question the complainant’s motives, the proof they suffered injuries, and whether the evidence supports the alleged victim’s version of events. They also could challenge the police procedures that led to the arrest. In appropriate circumstances, proving self-defense, defense of property, or defense of others could defeat a domestic violence charge.
Rely on a Wellington Attorney to Defend a Domestic Violence Charge
A domestic violence charge can come out of nowhere and change your life forever. Many employers and leasing agents are reluctant to consider people with convictions for violent crimes. If you are a gun owner, your right to carry a firearm could be taken away.
At Rossen Law Firm, we believe that one event should not have to upend your life and your freedom. Our highly skilled Wellington domestic violence lawyers can get your charges dismissed in many cases. If that is impossible in your specific case, they could resolve your charges in the way that has the least impact going forward. Contact our office right away to set up your free strategy session with a committed member of our team.