Domestic Violence Charges in Florida

Domestic violence allegations in Florida can lead to criminal charges and lasting effects on your life. The charge depends on the alleged conduct, while special domestic violence rules depend on the relationship between the people involved. This article explains the possible penalties and defenses.

What are Domestic Violence Charges?

Domestic violence charges can involve assault, battery, stalking, kidnapping, false imprisonment, or other offenses covered by Florida Statute § 741.28. The law covers qualifying family or household members, including spouses, former spouses, relatives, people who live or previously lived together as a family, and parents of a shared child. Except for parents who share a child, the parties must currently live or previously have lived together in the same dwelling. A dating relationship alone does not meet this definition, although criminal charges and separate dating violence protections may still apply.

What are the Consequences of Being Charged with Domestic Violence?

A conviction for a domestic violence crime can have long-lasting effects on your personal and professional life. You may face criminal penalties, including incarceration, fines, probation, and community service. In addition to facing criminal charges, a person accused of domestic violence can face a restraining order (domestic violence injunction), the loss of their right to own or possess firearms, and a loss of child custody and visitation rights. You may also face negative social and professional consequences such as loss of employment, damage to your reputation, and difficulties finding employment.

Criminal Penalties

If you’re convicted of a domestic violence crime, you may face criminal penalties, including incarceration, fines, probation, and community service. Depending on the severity of the crime, you may face a misdemeanor or felony charge. Misdemeanor charges can result in a sentence of up to one year in jail, while felony charges can result in a sentence of more than one year.

Florida law also imposes special domestic violence sentencing requirements. Section 741.281 generally requires at least one year of probation and completion of a batterers’ intervention program, subject to statutory exceptions for the program requirement. This can apply even when adjudication is withheld. Under section 741.283, adjudication of guilt for domestic violence involving intentional bodily harm triggers minimum jail terms, unless the court imposes a nonsuspended state-prison sentence. Higher minimums apply when the offense occurs in the presence of a qualifying child under 16.

In addition, a domestic violence conviction can result in a permanent criminal record that can significantly impact your future. Your criminal record can affect employment opportunities, housing, and educational financial aid.

Loss of Firearms Rights

Federal law generally bars people convicted of a qualifying misdemeanor crime of domestic violence from possessing or receiving firearms or ammunition. Whether a conviction qualifies depends on the offense, the relationship between the parties, and other federal requirements. Separate restrictions can apply because of a felony conviction or a qualifying protective order. Before resolving your case, review how a domestic violence charge could affect your gun rights with your attorney.

Loss of Custody and Visitation Rights

A domestic violence conviction can also impact child custody and visitation rights. If you have been convicted of a domestic violence crime, the court may determine that you are not fit to have custody of your children. In addition, the court may limit your visitation rights. The court may also require that you complete a domestic violence counseling program before you are allowed to have contact with your children.

Impact on Immigration Status

If you are not a U.S. citizen, a domestic violence case can put your immigration status at risk. A conviction that meets the federal definition of a crime of domestic violence can make you deportable; a qualifying stalking conviction is a separate ground for deportation. The result depends on the offense and federal immigration law, rather than the Florida domestic violence label alone. Before entering a plea, have counsel assess the immigration consequences of a domestic violence conviction.

Social Consequences

A domestic violence conviction can also have social consequences. Your family, friends, and community may ostracize you. The stigma associated with domestic violence can have a long-lasting impact on your personal and professional life.

Legal Defenses for Domestic Violence Charges

Depending on the facts, self-defense in a domestic violence case may defeat the charge. Your attorney can assess whether the force used was lawful and whether to seek immunity from prosecution before trial. At a pretrial immunity hearing, once the defense raises a prima facie claim of self-defense immunity, the State must overcome that claim by clear and convincing evidence.

False allegations of domestic violence can arise during breakups, custody disputes, or other conflicts. Your attorney can examine messages, witness accounts, and other evidence to challenge the accusation. You do not have to prove your innocence; the prosecution must prove the charge beyond a reasonable doubt.

Sometimes, a prosecutor may not have enough evidence to prove that you committed domestic violence. Charges may be dropped if the prosecution cannot prove their case beyond a reasonable doubt.

Prosecutors can also be negotiated with in some cases. It may be possible to negotiate with the prosecutor to reduce the charges or devise an alternative resolution to avoid a conviction with the assistance of a skilled and experienced criminal defense attorney.

Contact an Experienced Domestic Violence Attorney

A domestic violence accusation is a serious legal matter that can have serious consequences. It is crucial that you seek the advice of a skilled criminal defense attorney who can assist you with your case. By choosing the right legal defense, you may be able to avoid a conviction and the serious consequences that follow. If you are charged with domestic violence, seeking legal advice should be your first step.

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