Domestic Violence Defense Lawyers in Orlando

Protecting Your Rights and Reputation

When you are accused of domestic abuse, it can be a very overwhelming feeling. Confusion, anger, and frustration might be taking over your emotions, especially if you are facing the loss of your home or loss of custody because of the allegations. Fortunately, domestic violence accusations do not automatically make an individual guilty, as everyone has the right to defend themselves in court.

At Alain Rivas & Associates, P.A., we understand how challenging it can be to have accusations of domestic violence hanging over your head. A domestic violence conviction can impact your life in many ways, making it difficult to see your children, find employment, or secure housing. The best thing you can do when dealing with domestic violence charges is to hire a team of criminal defense attorneys with your best interests in mind.

A domestic violence case doesn’t have to disrupt your life for good. Contact our law offices for a free consultation by calling 407-934-0324.

How Does Florida Define Domestic Violence?

Domestic violence is a broad term that encompasses many crimes. Domestic battery is the most common, which is a misdemeanor in the state of Florida. Domestic battery by strangulation is also common, which is a third-degree felony.

Any domestic violence assault must involve a member of the household or family, which can include:

• A spouse or former spouse
• Parents
• Children
• Family members who live in the home or who have lived in the home
• Persons who live as a family, including a boyfriend, girlfriend, or significant other
• Any parents with a child in common, whether they are married or not

Domestic violence can include crimes like assault, sexual assault, stalking, aggravated assault, kidnapping, and false imprisonment. In most cases, any crime that involves the injury or death of one family member by another family member is considered domestic violence. The accuser can be anyone related to you or someone who lives in the home, although it is most often a romantic partner. Both men and women can be victims of domestic violence.

Can Release Conditions be Modified?

If you are arrested for domestic violence, there will likely be conditions you must follow upon your release. In some cases, these conditions can affect your ability to return to your home or have contact with the alleged victim. Because these conditions can impact your life in a significant way, our team can submit a motion to modify your release conditions and allow you to return home.

We can also submit a motion to modify your conditions and allow you to contact the alleged victim. However, it is important to note that if your accuser has a restraining or protective order against you, you must follow those conditions. Breaking the conditions of a restraining order can lead to penalties like jail time and fines. Our team will represent you at your restraining order hearing and ask for the conditions to be modified if they are unreasonable at a later date.

What Are the Main Types of Domestic Violence Injunctions?

Domestic violence injunctions are issued to alleged victims when a judge believes they are in immediate danger. Injunctions provide immediate temporary protection from the accused, which can be changed to a permanent injunction after a hearing.

There are five main types of domestic violence injunctions, including:

• Domestic violence injunction: An incident of violence that involves a spouse, former spouse, or other relative. The accuser must live with the accused or have lived with the accused in the past.
• Repeat violence injunction: Two or more incidents of violence that have been committed against an immediate family member. One of the acts of violence must have occurred within the last six months.
• Sexual violence injunction: An incident of sexual violence where a sexual act is committed or attempted. The accuser must have reported the violence to law enforcement and be actively helping them with their investigation.
• Dating violence injunction: An incident of violence between individuals who have had a romantic and intimate relationship together. The relationship must have existed in the past six months.
• Stalking violence injunction: An incident where someone purposely follows or harasses another person over a period of time.

Any one of these injunctions can limit your ability to interact with the alleged victim or return home to your family. While you can defend yourself before a permanent injunction is issued, an emergency protective order or temporary injunction has no such hearing. Contact a domestic violence defense lawyer on our team to learn more.

How Do You Defend Against Domestic Violence Charges?

While domestic violence accusations can be challenging to deal with, every individual is innocent until proven guilty. Most domestic violence cases are handled in family court, meaning you will have the chance to defend yourself. Our team will work with you to develop a legal defense strategy for your case.

Below are the most effective defenses against domestic violence charges:

• Self-defense
• Defense of property
• Absence of injuries or harm
• Defense of others
• Third-party witnesses
• Prior record of abuse
• Video recordings or surveillance
• Alternative motives or false allegations
• Immigration issues
• Stand your ground laws
• Vindictive motives

Many times, domestic violence charges can be reduced or dropped if it is found that the allegation is false or made up because of vindictive motives. For instance, if you and your spouse are getting a divorce, your spouse could accuse you of domestic violence to limit your ability to get custody of your children. Our team will work with you to find evidence in your defense.

Domestic violence charges can also be reduced if the use of force is found to be lawful. Every individual has the right to defend themselves and their property, meaning causing physical harm to someone who is threatening to harm or kill you is acceptable.

What Are the Potential Penalties for Domestic Violence Convictions?

Penalties for domestic violence charges are serious and can have lasting impacts on your life. Florida law dictates that many domestic violence charges include mandatory jail time.

Other potential penalties for a domestic violence conviction include:

• 12 months in jail
• 12 months of supervised probation
• Mandatory intervention programs
• Ineligibility for record sealing or expungement
• Revocation of a concealed weapon permit
• Forfeiture of guns or weapons
• Permanent criminal record

If you are involved in a criminal case, hiring a criminal defense attorney is the best way to protect yourself from these penalties. Our team will negotiate with prosecutors and present evidence in your defense to reduce your charges or even get them dropped entirely.

How Can a Criminal Defense Lawyer Help Me?

Domestic violence allegations have the potential to disrupt your entire life. You could be faced with jail time and hefty fines, not to mention having to find a new home to avoid living with your accuser. When facing domestic violence accusations, many people panic and assume they must talk to the police themselves to defend their case. However, speaking to the police without an attorney present can actually be worse than not talking to them at all, as what you say can be used against you in court.

The most important step to take when facing domestic violence allegations is to contact a team of experienced criminal defense attorneys. Our team at Alain Rivas & Associates, P.A., will investigate the evidence against you and develop a legal defense strategy to defend your rights and your reputation. For more information about our firm and to receive a free consultation, contact us today by calling 407-934-0324.