What is Domestic Violence and Why You Need To Speak to a Domestic Violence Attorney if You are Charged


A domestic violence charge in Florida is a serious situation. A conviction will affect you immediately and for the rest of your life. Defending yourself against the charges with legal representation is your best chance of avoiding the long-term repercussions of this allegation.

Defining Domestic Violence

The State of Florida defines domestic violence under State Statute 741.28. The statute defines domestic violence 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.”

Under this definition, two elements must exist for an act to be considered domestic violence:

  1. There must be some act or threat, and
  2. the act must be committed against a person with whom the perpetrator has a family relationship.

Many actions can be considered domestic violence by the courts. In Florida, this includes:

  • Battery & Aggravated Battery
  • Assault & Aggravated Assault
  • Sexual battery & Sexual Assault
  • Stalking & Aggravated Stalking
  • False imprisonment
  • Kidnapping
  • Any criminal offense resulting in physical injury or death

Defending Yourself With Help From A Domestic Violence Attorney

If convicted of domestic violence you can expect a range of penalties from mandatory counseling to jail time, losing the right to see your children, or even losing the right to enter your own home. You’ll also be expected to pay fines and court costs, and the conviction will remain on your permanent record, visible to all future employers, leasing and lending agencies, and anyone else who conducts a background check on you.

A criminal defense attorney can help you defend yourself against charges of domestic violence and avoid these eventualities by analyzing your case and the evidence, asking key questions that can determine if there were mitigating circumstances that contributed to the action, and protecting your rights by preparing you for a trial or working with the court to help you regain access to your home or children.

We recommend speaking with a domestic violence attorney as soon as possible after the arrest. Ideally, this will be before you have even answered any questions from the police. At The Fighter Law Firm, we have a unique understanding of how domestic violence cases are prosecuted, which helps us develop strong defenses for clients facing a domestic violence charge in Florida.

We value customer service and explain our process during your consultation. No high-pressure sales tactics from our law firm, what you see is what you get. Call us at 407-344-4837 to set up your free consultation with an attorney – not a caseworker. Our office is conveniently located in Orlando.

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