Domestic Violence
South Florida Domestic Violence Attorney
Defense for Domestic Violence Charges in South Florida
Have you been arrested with a domestic violence charge in Florida? It is important that you retain legal counsel of a seasoned South Florida domestic violence lawyer. At Frank Schwartz, P.A., we are honored to provide strategic defense for people that have had charges of domestic violence placed on them.
Call (786) 648-7983 to arrange a free legal consultation with our South Florida domestic violence attorney!
How is Domestic Violence Defined?
In Florida, domestic violence is described as a criminal offense committed by a household or family member that results in the physical injury or death of another household or family member. The criminal offenses may include types of assault or battery (aggravated or sexual), stalking, kidnapping, and even falsely imprisoning a family member.
If you were arrested for domestic abuse, you still have a chance. Choose South Florida domestic violence attorneys with focused devotion to achieving your desired results.
Who is Part of the Household or Family Member?
- Currently or former spouses to each other
- Relatives by blood or through marriage
- Currently or formerly residing together as a family
Parents who have a child in common, whether or not they were married, are also considered family or household members, but they do not need to be currently or previously living together in the same dwelling unit.
Florida also recognizes that domestic violence can occur between two persons who are dating or formerly dating — this is defined as persons who have participated in a romantic, intimate, or sexual relationship.
If you were accused by a household member, family member, or person that you were dating, do not hesitate to reach out to an experienced South Florida domestic violence lawyer at Frank Schwartz, P.A. – we are prepared to answer any of your questions during a free, no-obligation consultation.
Types of Domestic Violence
When people hear “domestic violence” they typically think of physical assault which results in visible injuries to the victim. However, this is only one type of domestic abuse — there are more to watch out for.
Penalties for a Domestic Violence Conviction in Florida
If a person is convicted for domestic violence, they may face jail or prison time as well as an order to complete a batterer’s intervention program. The duration of prison time may be extended based on the circumstances of the case.
A first-time conviction means fines of up to $1,000, probation, completion of a batterers’ intervention program as a condition of probation, or up to 1 year in jail.
If the domestic violence resulted in injury, the convicted person must go to county jail for at least 10 days.
- Second offense: 15 days in county jail
- Third, or subsequent offense: 20 days in county jail as part of the sentence
- First-time conviction: 15 days
- Second offense: 20 days
- Third, or subsequent offense: 30 days as part of the sentence
In addition to jail time, the convicted may also be sentenced to probation, community control, or more jail time.
If the domestic violence conviction includes another offense such as assault & battery, sexual assault, aggravated battery, or sexual battery, the sentencing could be even more severe. For instance, assault may mean a second-degree misdemeanor charge or battery may be charged as a third-degree felony.
In this case, additional penalties may include:
- Misdemeanor: 60 days to 1 year in jail
- Felony: Up to 5 years in prison
If you were falsely accused of domestic violence in South Florida, we are ready to defend you. Get in touch with a seasoned South Florida domestic violence attorney at Frank Schwartz, P.A. right away. We offer free consultations.
Call (786) 648-7983 for a free initial consultation with Attorney Frank Schwartz. Se Habla Español.
Defense Options for Domestic Violence Charges in Florida
Domestic violence claims are severe issues that should always be treated first, with the utmost respect and extremely seriously by a South Florida domestic violence attorney. With over 20 years of experience as a defense lawyer and also experience as a prosecutor, we at Frank Schwartz, P.A. comprehend the detailed intricacies of domestic violence cases. We have more than 100 court trials and have learned exactly what the most efficient defense approaches are in regards to domestic violence allegations.
We can provide five various defenses in regards to domestic charges in Florida, such as:
- You were not responsible for the abuse and it was without a doubt someone else that is at fault -You were wrongly accused by the claimed sufferer
- The activities taken were due to self-defense
- There was consent for the actions taken
- The plaintiff's statement has holes and also there is not enough proof
- Theft crimes
- Probation violations
Very little proof is needed in order to place a person under arrest for domestic violence. If you are mindful of an investigation that is taking place, or if you have actually been jailed for domestic physical violence, you need to quickly make a decision to retain legal representation of a skilled South Florida domestic violence attorney right away.
Arrange a Cost-Free Consultation with Frank Schwartz, P.A.
Are you all set to progress with your case? This is your moment to act! When you deal with Frank Schwartz, P.A, we could perform a prompt investigation of the charges that have actually been submitted against you and we could make certain that your legal rights are secured. Certainly, we recognize that no two situations are ever the same, so we work to establish a strategy that is special to the clients’ particular circumstance. We are not afraid to fight the system for your rights and will never shy away from a trial. If you have inquiries or worries concerning your situation, then contact Frank Schwartz, P.A. promptly for a consultation with a trusted South Florida domestic violence attorney.
Reach a practiced South Florida domestic violence lawyer at Frank Schwartz, P.A. by dialing (786) 648-7983. We can begin your domestic violence defense case today.
Effects of an Injunction in Florida
If someone needs protection from a suspected abuser, that individual residing in the state of Florida, can file an injunction, a court document. The injunction can be put in place as a legal recourse to stop the abuser from contacting the victim, the victim’s children, as well as force the accused person to pay support temporarily. Additionally, this legal court document can require the accused individual to vacate a shared home. Accused individuals might also shed custodianship of their children. Physical violence in the home is something that should not be ignored. Victims of domestic violence can implement an injunction quickly. If you have a court order that relieves you of contact with your spouse or kids or any other order positioned against you, you need to contact our South Florida domestic violence lawyer from Frank Schwartz, P.A.
Can a Victim Drop Domestic Violence Charges?
Were You Wrongfully Accused of Domestic Violence?
Disagreements happen all the time — a heated argument can turn into accusations of domestic violence. There are many reasons why a family member would falsely accuse someone — to get an advantage in divorce proceedings or child custody battle, or simply: revenge.
If you were falsely accused of domestic violence in Florida, take it seriously. If you are convicted, the penalties could mean expensive fines, time in prison, as well as a criminal offense that cannot be expunged from a criminal record. This may affect background checks and may prevent you from obtaining certain jobs. Get in contact with a seasoned criminal defense attorney in South Florida at Frank Schwartz, P.A. for guidance today.