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Domestic Violence Charges

When emotions run high with a loved one, it’s easy for a situation to get out of control. And with police officers all but required to make an arrest on a domestic violence call, you could be facing handcuffs before you know it. If you’ve been charged with domestic violence, contact the experienced defense attorneys at Hanlon Law today to schedule a free consultation. 


What is Domestic Violence?


Most people understand domestic violence as physical abuse between romantically-involved partners. In reality, domestic violence actually refers to any kind of abuse (physical, mental, emotional, etc) committed against an intimate partner or household member.


An intimate partner is anyone you are romantically and/or sexually involved with, regardless of whether you live with them. You do not have to be in any kind of “official” relationship with this person for abuse between you to qualify as domestic violence, whether you are sexually involved or not. Likewise, you don’t have to be sexually involved with someone you are “in a relationship” with in order for abuse between you to be qualified as domestic violence, either. 


Household members are anyone you currently live with or have ever lived with, whether you are related to them or not. The only exception to this rule is when you have a child with another person; any abuse between the parents is considered domestic violence, regardless of whether or not the pair live together, have ever lived together, are in a romantic relationship, or have ever been in a romantic relationship.


What Qualifies as Domestic Violence?


Though the most widely publicized form of domestic violence involves things like punching, hitting, or beating, there doesn’t have to be any actual physical contact between the abuser and abused in order for a situation to constitute domestic violence. 


Florida Statute 741.28 describes domestic violence as false imprisonment, kidnapping, stalking, aggravated stalking, battery, sexual battery, aggravated battery, assault, or aggravated assault. These acts are often also accompanied by other forms of abuse, such as sexual demands, threats of self-harm, maltreatment of shared pets, financial control, and other manipulation. 


What Are the Consequences of Domestic Violence? 


Even if you aren’t ever actually convicted of domestic violence, those arrested for domestic violence are unable to post bail before appearing before a judge. This first appearance will be scheduled within 24 hours, but you may still end up spending at least one night in jail as you wait. 


Domestic violence convictions are met with certain mandatory minimum durations in jail depending on whether or not you have been convicted of domestic violence in the past: 


  • First conviction: 10 days minimum
  • Second conviction: 15 days minimum
  • Subsequent convictions: 20 days minimum


These mandatory minimums cannot be lessened by a judge due to extenuating circumstances, and will be raised under certain aggravating circumstances. Such aggravating factors include violence that occurs in front of a minor, violence that involved the use and/or discharge of a firearm, sexual violence, etc.


In addition to jail time, domestic violence sentences also generally include:

 

  • Minimum 1 year of probation
  • Participation in a domestic violence rehabilitation course
  • Loss of the right to own a firearm
  • Ineligibility to have your record sealed or expunged


It’s important to note that domestic violence charges are often accompanied by other criminal charges. For example, if you physically attack your significant other, you may also end up facing aggravated assault charges along with domestic violence charges. The sentencing for these auxiliary charges will be added to that of the domestic violence charges, potentially increasing jail time and fines significantly. 


Lastly, domestic violence sufferers are very likely to seek an injunction (restraining order), which carries certain restrictions and requirements specific to your case. Violating these restrictions or requirements can lead to further criminal charges and penalties. Injunction violations are themselves charged as first-degree misdemeanors, subject to up to 1 year in prison. 


Kissimmee Criminal Defense Lawyers 


Despite the harsh consequences, all hope is not lost. It’s crucial to retain an experienced Kissimmee criminal lawyer who can fight for your rights. Will Hanlon at Hanlon Law has been advocating for defendants since 1994. Our legal team will work tirelessly on your behalf, so don’t wait. Contact Hanlon Law today to schedule a free consultation.

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