Fort Lauderdale, FL – Domestic violence cases can have serious consequences in the state of Florida. This can include jail time for the defendant, probation, and orders to keep away from certain family members. However, there is also the opportunity to defend against these charges and attempt to avoid the worst penalties associated with a domestic dispute. Criminal defense attorneys can review the case and make sure the state can prove every element of the charges beyond all reasonable doubt when the government attempts to bring any kind of punishment.
Domestic violence cases in Florida
Penalties for a first domestic violence case include mandatory jail time. This starts at ten days for the first offense, and increases with each subsequent offense. In more serious cases, the defendant will be charged with a felony, which means that the case carries the possibility of at least a year in jail time. There are also enhancements on these penalties if a child witnesses the incident. Aside from physical violence, there are some other crimes such as stalking or kidnapping, which can technically count as domestic violence in some incidents.
The Florida Department of Children and Families will get involved if there are overlapping custody issues, or the state feels that one or both of the parents should not have custody rights after the incident and police response.
One of the main ways that a victim tries to protect themselves against an abuser is through a restraining order. These orders can protect victims in situations where legitimate violence is involved, however there are also some couples who unnecessarily go through the legal process rather than solving their problems in other ways. Some legal professionals deal with these kinds of issues and try to sort out relevant problems and find the best solution. Sometimes this may involve keeping a court issued protective order in place, and other times the individuals involved may be able to resolve their differences.
Proof of the offense
Anyone who is charged should realize that charges will not necessarily result in a conviction. It is important to get help from a defense attorney and make sure that the state has enough evidence to prove each element of the crime of domestic violence, and that they have not made any mistakes in their prosecution.
Learning more about criminal cases and the possibility of a defense
People who are dealing with issues related to domestic violence, or those who may have to deal with issues related to restraining orders should feel free to seek legal help to avoid getting caught in a bad situation or facing additional charges. Novo At Law is available to provide information about these types of cases and defense against various types of criminal charges.
Firm contact info:
200 SE 6th St., Ft. Lauderdale, FL 33301