Penalties for Domestic Violence Criminal Charges in Florida

Domestic violence can result in psychological trauma, injury, and death. It can also result in criminal charges.

If you are accused of domestic violence it is important to hire a trained domestic violence attorney in Orlando. A conviction can result in severe penalties and fines.

Definition of Domestic Violence

The State of Florida defines domestic violence as harmfully touching a household or family member. Harmful touching includes:

  • Assault
  • Aggravated assault
  • Battery or aggravated battery
  • Sexual assault or sexual battery
  • Stalking 
  • Kidnapping
  • False imprisonment

It may also include a criminal offense that results in the injury or death of a person who resides in the same domicile or is in the same family as the accused. 

A family or household member is defined as a spouse, an ex-spouse, or a blood relative. People who are currently residing together or those who have formerly resided together in the past are also considered household members. 

If two people have a child together but have never lived together, any kind of harmful touching that takes place between them does not fall under the category of domestic violence.

Punishment for Domestic Violence in Florida

A first-time conviction for domestic violence can result in fines of up to $1000, probation, or a year in jail.

When a person is convicted of domestic violence that resulted in injury, they must go to jail for at least five days.

Domestic violence charges cannot be expunged and they are never sealed. If you are convicted, they will show up in a background check when you apply for a job or professional license. 

A person convicted of domestic violence will have to enroll in a 26-week Batterer’s Intervention Program at their own expense. This program costs between $700 and $1000 to complete. 

Batterer’s intervention programs often include a psychosocial evaluation to determine if participants need treatment for substance abuse. 

The program will include group therapy and anger management classes. In some situations, both parties involved in a domestic violence situation may be required to attend classes.

It will help a person’s case if they enroll in additional treatment programs for anger management and alcohol abuse

There will be a mandatory temporary restraining order issued after a conviction of domestic violence. The length of the injunction may vary depending on the circumstances.

The Consequences of a Conviction

In addition to costing money and time, a domestic violence conviction can have an adverse effect on your life.

There are jobs you will not be able to get and it may affect your ability to have custody of your children. It can even affect your visitation rights.

There are dating sites and certain professional and community organizations that perform background checks as well.

What to Look For in an Attorney

The lawyer you select should be well versed in Florida Law. They should have many years of experience in domestic violence defense.

Make sure that they have enough time to handle your case. They should have a staff that is big enough to do all of the necessary research.

An attorney should have an excellent reputation with the state bar. Get references and ask them about their success rate.

An accusation of domestic violence can be terrifying but good legal representation can allow you to get on with your life.

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