Duval County Criminal Defense Attorney Maria Rogers Writes About Domestic Violence, Restraining Orders, And Legal Defenses
Florida’s legislature has taken a strong stance on domestic crimes, and judges in areas like Duval, Clay, Baker, Flagler, and St. Johns Counties have backed law enforcement officers even on questionable arrests where there is very little probable cause. Florida law enforcement officers are encouraged to make arrests on incidents of alleged domestic violence—even in cases where the victim declines prosecution.
What is Considered a Domestic Crime in the State of Florida?
Florida law distinguishes domestic crimes by the nature of the offense and the suspect’s relationship to the victim. Florida Statute 741.28 reads:
- “Domestic violence” means 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.
- “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
In simpler terms, a domestic crime is one that involves a family member (defined above) committing one of the above listed crimes against another family member. Assault, battery, and stalking are misdemeanors. Aggravated assault, aggravated battery, sexual assault, sexual battery, aggravated battery, kidnapping, and false imprisonment are all felonies. If you are charged with any domestic crime, you should contact a reliable Jacksonville Domestic Violence Defense Attorney immediately. There are several defense strategies that an attorney can employ if they are involved in your case early enough.
Injunctions or Restraining Orders
Law enforcement officers in Duval County, Clay County, and everywhere else in Florida are required to provide alleged victims of domestic violence with information on how to acquire a restraining order or temporary injunction. If you are the respondent (person who is being served with the restraining order) a law enforcement officer will present you with a copy. After fifteen days, there will be a hearing to decide whether the injunction should become permanent. As a Jacksonville Domestic Violence Defense Attorney, FL, I can attest to the fact that a significant sum of restraining orders are awarded erroneously. For the respondent, an injunction or restraining order can have a deleterious impact on his or her life:
- There is a police record of the restraining order which can impact employment and security clearances
- It may give an uninformed party the opinion that the respondent is guilty of domestic violence, even when that’s not the case.
- It may require the respondent to vacate his or her residence.
- It can prevent the respondent from seeing his or her children on a temporary basis.
If you are the respondent of a restraining order, contact your criminal defense attorney to begin working on your legal remedies.
Legal Defenses in Jacksonville Domestic Violence Defense Attorney
For Jacksonville Domestic Violence Defense Attorney can be some of the most challenging in all of criminal law. One of the reasons for this is that there is often a great deal of physical and testimonial evidence against the accused. However, there are also a number of reliable defenses that a seasoned criminal attorney can utilize. For instance, law enforcement officers often list the state of Florida as the victim when the actual alleged victim declines prosecution. Cases like this are very difficult for the prosecuting attorney to pursue. In addition, many domestic incidents involve mutual combatants (where both parties were involved in the fray). Consequently, law enforcement officers sometimes arrest individuals who were actually trying to defend themselves. A seasoned criminal defense attorney may be able to successfully claim self defense if the circumstances warrant it.