In the state of Florida, there is no specific charge of domestic violence, but the term tends to refer to assault and battery charges, and come into play when the victim has a specific sort of relationship to the alleged attacker. Domestic violence charges are extremely serious, they can ruin lives, and destroy families. Make sure you contact top Tampa defense attorney Robert Zlatkin to craft your defense and keep your life.
Domestic abuse can be physical, verbal or emotional and also covers harassment and stalking, or any action that could be considered intimidating or threatening. The definition of domestic violence in Florida is defined as abusive relationships where physical violence, threatened violence, and/or other forms of abuse exist.
The relationships that would rise to the level of domestic abuse in an assault and battery situation include:
In cases such as this, when the police arrive the arrest of the “primary aggressor” is made both to defuse the situation, and for the safety of the victim.
In the state of Florida, when custody hearings commence, it is with the presumption that parents will share custody unless there is a good reason not to, such as physical or emotional damage to the child.
When there is a domestic violence incident, parents must disclose this to the court during custody hearings. Even if there is no conviction, the court will consider any evidence of domestic violence when handing down a ruling.
It can be an uphill battle to convince a judge to allow visitation options between a parent convicted of domestic violence and their children. The convicted parent must convince the judge that the child or children’s physical, mental and emotional health will not be endangered by such visitation.
Domestic violence victims often come to regret the entire situation and will often ask the police and/or prosecutors to drop the charges against their alleged attacker.
It should be noted that once domestic violence charges are levied, it is no longer up to the victim to pursue those charges. The case goes to the prosecutor representing the state of Florida. The reason for this is a very basic one.
One of the benchmarks of the domestic abuser is the mental and emotional hold they tend to have over their victims. Some may be tied financially to their abuser, and quick to defend them for fear of losing income and quality of life.
There is also the understanding that domestic abusers are not above threats and intimidation to coerce victims to drop charges. Therefore, once charges have been filed, there is no longer any point in coercing the victim because the decision to move forward is no longer up to them.
Domestic Battery is classified as a first-degree misdemeanor, with penalties that may include up to one year in jail or twelve months’ probation, and a $1,000 fine.
Due to the seriousness of the crime and ongoing potential for injury, those convicted of domestic battery charges are subject to additional mandatory penalties under Chapter 741, Florida Statutes, including:
In Florida, domestic violence battery is one of the most defendable charges in all of criminal law, and a decision to plead should not be made without a lawyer thoroughly reviewing your case and considering all of your legal options. Some of the most common defenses include:
If you have been accused of domestic violence, you must take steps to retain legal counsel immediately. Failure to properly defend yourself against these charges can have severe and far-reaching implications. Call Robert Zltatkin to get the best Tampa criminal defense attorney to represent you against domestic violence charges in Tampa and protect your rights and livelihood today.