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Domestic Violence Defense

In the state of Florida, violence against a family member or someone in your household is known as domestic violence. Domestic violence is defined in FL. Statute 741.28 as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

Domestic violence can result in a variety of different consequences including a restraining order, loss of access to your children in a divorce, jail time, required counseling, fines, community service and other penalties. As such, fighting domestic violence charges with legal help from a West Palm Beach criminal defense attorney is advisable when facing accusations of domestic violence. The knowledgeable legal professionals at Musca Law have helped clients in Boca Raton, Boynton Beach, Delray Beach, Wellington, Jupiter or other areas in Palm Beach and West Palm Beach with domestic violence charges and we can put our legal skills to work for you to help with your domestic violence case.

Domestic Violence Defense Attorneys in West Palm Beach

Penalties for a domestic violence conviction in Florida may include the following:

  • Up to 3 Years in Jail or Prison
  • Monetary Fines
  • Restitution
  • Restraining Order
  • Anger Management Classes/Counseling
  • Up to 5 Years Probation
  • Community Service/Cal-Trans Work
  • Mark on Criminal Record for Life

Visit our overview on Domestic Violence Restraining Orders.

In the state of Florida, domestic violence may refer to a variety of different violent actions against family members, including mental, physical and sexual abuse. Family member is defined broadly for purposes of domestic violence charges.  Family members may include your spouse, your former spouse, anyone related to you by blood, anyone living with you, and the other parent of your child.

In many cases, because family members are reluctant to press charges or take legal action, law enforcement is called to a domestic violence crime scene by a third party or by a stranger. Members of law enforcement are trained to determine who the aggressor is and may make an arrest despite the protests of the alleged domestic violence victims. Prosecutors may also take action and press charges for domestic violence even without the support of the alleged victim.

If a prosecutor presses charges for domestic violence, you not only face a criminal record and possible jail time, but there are also two other serious consequences as well. These include:

  • An injunction against domestic violence. The lay term for an injunction against domestic violence is a restraining order. Restraining orders can be temporary or permanent and can prevent you from seeing your family member and children. A restraining order may also hurt you when it comes to a custody battle or divorce case.
  • A limitation on your right to bear arms. According to 18 U.S.C. §922(g)(8), you are not permitted to be in possession of a firearm when there is an active restraining order against you.

These and other consequences of a domestic violence accusation can have a serious and long-term impact on your life. As such, it is important to fight against the domestic charges and to take action as soon as possible to help keep a trial from taking place so you can later have the charges expunged from your criminal record (which is possible only if a case is not adjudicated).

An experienced criminal defense attorney can help you to explore a number of options for responding to domestic violence charges, including taking a polygraph or providing proof that no violence actually occurred. Your attorney may also be able to help you explore options for first time offender diversion programs or plea-bargains in appropriate situations.

Don’t gamble with your freedom, future and reputation. If you are facing domestic violence charges in Palm Beach County, call the Palm Beach criminal defense lawyers at Musca Law for a free consultation. 239-277-5297. Phone answered 24/7.

Arrested for domestic violence? Contact Musca Law today!