Orlando Domestic Violence Attorney

Domestic violence charges are strictly enforced and aggressively prosecuted under Florida law. Hiring an experienced domestic violence lawyer is essential to safeguard your rights, establish a strong defense and immediately start negotiating with your prosecutor before formal domestic violence charges are filed against you. I have defended hundreds of domestic violence battery cases. Once hired, I will:

  1. Collect and review all written statements, photographs and 911 calls;
  2. Find flaw’s in the police officer’s investigation;
  3. Identify all possible defenses;
  4. Immediately start negotiating with the prosecutor not to file formal charges, and
  5. Do whatever is necessary to avoid a domestic violence conviction.

interior luxury kitchen estate home

THE FACTS OF YOUR DOMESTIC VIOLENCE CASE ARE IMPORTANT

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any domestic violence case are:

  • Is there any video evidence of this incident?
  • Was the reported victim the aggressor? Is this a self-defense case?
  • Is this a mutual combat case? Was there a deadly weapon used?
  • Was there great bodily harm or permanent disfigurement?
  • Are there other factors or motivations that show lack of intent?
  • Is there a lack of evidence of a conflict in the evidence?

What is domestic violence in Florida

Under Florida Statute 741.28, domestic violence is defined as any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person, when the person struck is a “family or household member.”

Family or household member

A family or household member is defined as 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.

Dating Violence

Dating violence is an act of violence between people who have or have had, within the last six months, a significant relationship that is of a romantic or intimate nature (Fla. Stat. § 784.046).

Glass wall in the office building

Modifying Your Bond Conditions

If you have been prohibited from returning home, having contact with the reported victim or were court ordered to wear a GPS ankle bracelet, you can ask the court to remove any of these bond conditions. Bond modifications are sought on an expedited basis.  The filing of a motion to modify bond conditions, a formal court hearing and sworn testimony from the reported victim is necessary for these bond conditions to be removed.

Dropping Charges & Sworn Declination of Prosecution

The reported victim can not drop the charges in your case. The decision to file charges or drop charges rests solely with the State Attorney’s Office. In many cases the State Attorney’s Office will proceed against you with domestic violence charges even without a willing victim. However if you have a strong case, no independent witnesses, a clean record or an unwilling victim, then I can use these factors to influence the prosecutor’s filing decision. Often times I will have the reported victim write a formal, sworn declination of prosecution to document the errors in the police report and his or her lack of desire to cooperate with the prosecution of the case.

Pretrial Diversion for Domestic Violence Charges

Pre-trial diversion (PTD), often just called diversion, is a voluntary program offered by the State Attorney’s Office for the charge of domestic violence. Diversion for domestic violence is called the batterer’s diversion program (BDP). BDP is 9-12 months long and includes a mandatory 26-week-counseling program. Depending on your lack of prior record and the facts of your case, you may qualify for this diversionary program. Approval for diversion is a 60-90 day process that I can pursue on your behalf. If you are approved, admitted to and complete a diversion program, the State Attorney’s Office will drop your domestic violence charges.

Domestic Battery Penalties under Florida Law

A conviction for domestic violence will result in a permanent criminal record with an assortment of criminal sanctions that can include:

  • One-year in jail;
  • A mandatory term of one-year of probation;
  • Community service;
  • Fines, costs of prosecution, costs of investigation, court costs;
  • A 26-week batterer’s intervention counseling program;
  • A court ordered no-contact provision with the reported victim, and
  • A permanent court ordered no-return provision to your residence.

Domestic Battery Case Law

Domingues v. State, 159 So.3d 1019 (Fla. 4th DCA 2015) Report of a domestic disturbance call from residence did not provide police officer with reasonable suspicion sufficient to support stop of defendant’s automobile as he drove away from the residence, even if such call was frequently used for incidents of domestic violence. Domestic disturbance call did not necessarily indicate commission of a crime.

Orange County Domestic Violence Lawyer

If you were recently arrested or charged with any Florida criminal offense, please call my Orange County domestic violence law firm at 407-740-7275 to discuss your options. I offer a free consultation so that we can learn about you, learn about your case and determine how I can help.

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Domestic violence charges are strictly enforced and aggressively prosecuted under Florida law. Hiring an experienced domestic violence lawyer is essential to safeguard your rights, establish a strong defense and immediately start negotiating with your prosecutor before formal domestic violence charges are filed against you. I have defended hundreds of domestic violence battery cases. Once hired, I will:

  1. Collect and review all written statements, photographs and 911 calls;
  2. Find flaw’s in the police officer’s investigation;
  3. Identify all possible defenses;
  4. Immediately start negotiating with the prosecutor not to file formal charges, and
  5. Do whatever is necessary to avoid a domestic violence conviction.

interior luxury kitchen estate home

THE FACTS OF YOUR DOMESTIC VIOLENCE CASE ARE IMPORTANT

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Important questions that should be answered in any domestic violence case are:

  • Is there any video evidence of this incident?
  • Was the reported victim the aggressor? Is this a self-defense case?
  • Is this a mutual combat case? Was there a deadly weapon used?
  • Was there great bodily harm or permanent disfigurement?
  • Are there other factors or motivations that show lack of intent?
  • Is there a lack of evidence of a conflict in the evidence?

What is domestic violence in Florida

Under Florida Statute 741.28, domestic violence is defined as any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person, when the person struck is a “family or household member.”

Family or household member

A family or household member is defined as 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.

Dating Violence

Dating violence is an act of violence between people who have or have had, within the last six months, a significant relationship that is of a romantic or intimate nature (Fla. Stat. § 784.046).

Glass wall in the office building

Modifying Your Bond Conditions

If you have been prohibited from returning home, having contact with the reported victim or were court ordered to wear a GPS ankle bracelet, you can ask the court to remove any of these bond conditions. Bond modifications are sought on an expedited basis.  The filing of a motion to modify bond conditions, a formal court hearing and sworn testimony from the reported victim is necessary for these bond conditions to be removed.

Dropping Charges & Sworn Declination of Prosecution

The reported victim can not drop the charges in your case. The decision to file charges or drop charges rests solely with the State Attorney’s Office. In many cases the State Attorney’s Office will proceed against you with domestic violence charges even without a willing victim. However if you have a strong case, no independent witnesses, a clean record or an unwilling victim, then I can use these factors to influence the prosecutor’s filing decision. Often times I will have the reported victim write a formal, sworn declination of prosecution to document the errors in the police report and his or her lack of desire to cooperate with the prosecution of the case.

Pretrial Diversion for Domestic Violence Charges

Pre-trial diversion (PTD), often just called diversion, is a voluntary program offered by the State Attorney’s Office for the charge of domestic violence. Diversion for domestic violence is called the batterer’s diversion program (BDP). BDP is 9-12 months long and includes a mandatory 26-week-counseling program. Depending on your lack of prior record and the facts of your case, you may qualify for this diversionary program. Approval for diversion is a 60-90 day process that I can pursue on your behalf. If you are approved, admitted to and complete a diversion program, the State Attorney’s Office will drop your domestic violence charges.

Domestic Battery Penalties under Florida Law

A conviction for domestic violence will result in a permanent criminal record with an assortment of criminal sanctions that can include:

  • One-year in jail;
  • A mandatory term of one-year of probation;
  • Community service;
  • Fines, costs of prosecution, costs of investigation, court costs;
  • A 26-week batterer’s intervention counseling program;
  • A court ordered no-contact provision with the reported victim, and
  • A permanent court ordered no-return provision to your residence.

Domestic Battery Case Law

Domingues v. State, 159 So.3d 1019 (Fla. 4th DCA 2015) Report of a domestic disturbance call from residence did not provide police officer with reasonable suspicion sufficient to support stop of defendant’s automobile as he drove away from the residence, even if such call was frequently used for incidents of domestic violence. Domestic disturbance call did not necessarily indicate commission of a crime.

Orange County Domestic Violence Lawyer

If you were recently arrested or charged with any Florida criminal offense, please call my Orange County domestic violence law firm at 407-740-7275 to discuss your options. I offer a free consultation so that we can learn about you, learn about your case and determine how I can help.

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