Whenever there is a domestic violence allegation, it is a serious charge. These crimes can affect spouses, children, and other family members. The consequences of domestic violence are life-altering, even if they are false accusations. For those charged with these offenses, you need to hire a skilled Lakeland defense lawyer to handle your case. Robert Zlatkin is an experienced attorney who can protect your rights.
The state of Florida takes these allegations seriously. Prosecutors aggressively pursue domestic violence cases in court. Many of these charges qualify as a simple assault. However, they can quickly escalate to aggravated assault after a review of the evidence.
While many of these incidents are truthful, there are some cases that have failed to meet the definition of “domestic violence.” If you have been arrested or charged in Lakeland, Robert Zlatkin can mount a strong defense for your case.
There are plenty of issues that can cause conflict with household or family members. According to Florida Statute § 741.28(2), domestic violence is defined 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.”
With a domestic violence incident, the victim and alleged offender must be a household or family member. In the state, a family or household member qualifies as the following:
Along with a domestic violence charge, the offender may face a protective injunction. It is a more civil solution to the incident. If the person is subjected to a protective injunction, they must meet all the Florida state law requirements. The petitioner must be:
A protective injunction must be filed in the court. The presiding judge reviews the petition to make sure the case has met all requirements. Many of these domestic violence cases in Lakeland will include a temporary injunction.
With this injunction, a petition is served to the offender with an order to stay away from the victim. The individual must appear in court at a specific time. If you are at this point with your case, hire a Lakeland defense attorney to protect your reputation and legal rights.
All parties have an opportunity to submit evidence before the judge. A permanent injunction is issued in cases where the court has examined all the evidence. If a permanent injunction is issued, the offender must abide by the terms. Otherwise, there is a possibility of criminal penalties.
According to Florida Statute § 784.046, other specific crimes may qualify for an injunction. These crimes include sexual violence, repeat violence, and dating violence.
In some domestic violence cases, stalking may be a part of the accusations. A stalking injunction protects the victim from physical or cyberstalking. For those subject to a court injunction, you don’t want to wait to speak to an attorney. Your livelihood and freedom depend on it. Make sure to talk to a Lakeland domestic violence defense attorney today!
An individual charged with domestic violence is held in custody until the initial court appearance. In Florida, a no-contact order is often attached to the arrest. Any physical or verbal contact with the alleged victim is prohibited. Failure to avoid contact could result in additional criminal charges.
Anyone who violates a no-contact order faces additional criminal charges. Some of these penalties include a misdemeanor charge, a monetary fine, and jail terms.
Many cases of domestic violence involve some type of physical contact. You could be charged with battery if you have “intentionally touched or struck another person against the will of the other.” If the physical contact inflicts permanent disability, bodily harm, or permanent disfigurement, the charges elevate to felony battery.
Domestic battery is a misdemeanor in the first degree. If you are convicted of this crime, you could pay a $1,000 fine with a maximum of one year in jail. If the individual committed felony domestic battery, it is considered a third-degree charge. Other penalties include a maximum $5,000 fine and a five-year jail term.
Along with the penalties mentioned above, the individual is also subjected to:
Many people believe domestic violence just consists of battery and simple assault. However, any offense against a household or family member can be charged under this category. The penalties of the offense often have life-altering consequences. Many of them include a loss of freedom and constitutional rights.
An experienced Lakeland defense lawyer can mount a strong defense for those accused of domestic violence. With an attorney by your side, you can develop a strategy to affect the outcome of your case.
Some defenses could apply to your case, including:
Your specific defense will depend on the facts of your case. You never want to head to court without proper representation. It is essential to hire a Lakeland defense attorney for this serious legal matter.
If you face a charge of domestic violence, you will want to contact Robert Zlatkin, Lakeland’s top criminal defense attorney. He has experience handling several types of domestic violence cases. When you need a solid defense strategy for your case, turn to the right attorney. Your livelihood and freedom depend on skilled legal representation. Contact our Lakeland office to schedule a consultation for your case!