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Domestic Violence Defense Lawyer in Orlando, FL

Domestic Violence Defense in Orlando, FL

Domestic violence charges in Florida are complex legal matters that require a skilled Orlando defense attorney. At Lockett Law, P.A., our experienced attorneys understand the unique challenges of these cases and are dedicated to protecting your rights.

Understanding Domestic Violence Charges

Domestic violence is defined as any act of violence committed against a family member, including:

  • Spouses
  • Former spouses
  • Persons related by blood or marriage
  • Persons living together as a family
  • Persons who are parents of a child in common

What is Domestic Violence in Florida?

Domestic violence is a serious issue that can have devastating consequences. In Florida, domestic violence is defined as any act of violence or abuse committed against a family or household member.

Types of Domestic Violence

  • Physical Abuse: Actions like hitting, slapping, biting, hair pulling, and shoving.
  • Sexual Abuse: Any unwanted or non-consensual sexual contact or behavior.
  • Technological Abuse: Using technology to harm, threaten, control, stalk, harass, exploit, or monitor another person.

Florida Statute Definition

Florida Statute Section 741.28 defines family or household members as:

  • Current or former spouses
  • Persons related by blood or marriage
  • Persons residing together as a family (now or in the past)
  • Persons who have a child in common

Note: The individuals must have lived together in the same dwelling unit, except for parents of a child in common.

Understanding Domestic Violence Charges

Domestic violence charges can be complex and involve various offenses, including:

  • Assault
  • Aggravated Assault
  • Battery
  • Felony Battery
  • Sexual Assault
  • Sexual Battery
  • Stalking
  • Aggravated Stalking
  • Kidnapping
  • False Imprisonment

Common Domestic Violence Crimes

Domestic Violence Protection Orders

Victims of domestic violence may seek a protection order, which can include restrictions on the perpetrator’s behavior, such as:

  • Vacating the shared home
  • Ceased physical contact
  • No electronic communication
  • Staying away from certain locations

Penalties for Domestic Violence

Penalties for domestic violence offenses in Florida can vary depending on the severity of the crime and the defendant’s criminal history. Potential penalties include:

  • Fines: Up to $500, $1,000, $5,000, $10,000, or $10,000.
  • Imprisonment: Up to 60 days, one year, five years, 15 years, or 30 years.
  • Probation
  • Mandatory Counseling: Programs like anger management or domestic violence counseling.
  • Community Service

Additional Consequences

  • Job Loss: Domestic violence convictions can make finding or keeping a job difficult.
  • Custody Issues: Custody of children may be affected.
  • Firearm Restrictions: Convicted offenders may be prohibited from possessing firearms.

Minimum Mandatory Sentences

Pursuant to Florida Statute Section 741.283(1)(a), individuals convicted of domestic violence offenses can face minimum mandatory jail time:

  • First Offense: 10 days
  • Second Offense: 15 days
  • Third or Subsequent Offense: 20 days

If the offense occurred in the presence of a child under 16, the minimum jail time increases to:

  • First Offense: 15 days
  • Second Offense: 20 days
  • Third or Subsequent Offense: 30 days
  • Fines
  • Probation
  • Domestic violence treatment
  • Substance abuse treatment
  • Mental health treatment
  • Community service
  • Relinquishment of firearms

Defenses for Domestic Violence Cases

  • Factual Challenges: Challenging the government’s evidence or the circumstances surrounding the alleged incident.
  • False Allegations: Arguing that the allegations are fabricated.
  • Lack of Intent: Proving that you did not intend to commit the crime.
  • Self-Defense or Defense of Others: Justifying your actions as necessary to protect yourself or someone else.

Orlando Domestic Violence Defense Attorney

If you’re facing domestic violence charges in Orlando, our experienced criminal defense attorneys in Orlando, FL can help you navigate these complex legal matters. Contact us today for a free consultation with an experienced defense lawyer at (904) 858-9818.

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Service Areas

With over 25 years of experience and more than 50 jury trials, attorney L. Lee Lockett defends clients in Jacksonville, Orlando and the surrounding areas in central and northeast Florida.

Contact Us

For a free consultation and to discuss your case, please contact the Jacksonville DUI criminal defense team at Lockett Law, P.A. by calling us at (904) 858-9818 or contacting us online.

About Us

Lockett Law, P.A., has built a strong reputation successfully defending individuals facing DUI and criminal defense charges throughout Florida in Jacksonville and Orlando.