Domestic Violence

Clearwater Domestic Violence Lawyer

Have you been accused of domestic violence? Haworth Legal can help you share your side of the story and stand up for your rights. These charges can lead to long-lasting restrictions on your rights and freedom, including your ability to find employment and housing or even see your children, especially for those also simultaneously dealing with parental custody or a divorce case. 

Understanding Your Rights & Options in Domestic Violence Cases

Facing domestic violence allegations can be an incredibly overwhelming experience, but it’s essential to know that there are options available to you. At Haworth Legal, we are committed to providing you with the support and guidance you need during this difficult time. Understanding your rights is the first step toward regaining control of your life.

Here are some important aspects to consider:

• Confidential Consultations: Your safety and privacy are our top priorities. We offer confidential consultations to discuss your situation and explore your options without any pressure.
• Empowerment Through Knowledge: Understanding the legal process and your rights can empower you to make informed decisions. We will take the time to explain your options clearly and answer any questions you may have.

Don’t hesitate to reach out for help. At Haworth Legal, we are here to listen, support, and advocate for you every step of the way. 

Domestic Violence Laws In Florida

The 2024 Florida Statutes, 741.28, defines “domestic violence” not as a specific crime, but as an umbrella term that may include assault, battery, sexual assault, stalking, or other charges involving violence and/or abuse among those who are family members or reside together in the same household. 

This includes people who are (or have been):

• Related by blood or marriage
• Legally married
• Parents of the same child
• Living together as if family

Domestic violence charges are serious offenses that can come with heavy penalties. It is important to secure legal representation from a knowledgeable domestic violence attorney who will fight to protect your rights.

Immediate Legal Consequences of a Domestic Violence Charge

In Florida, domestic violence allegations typically lead to an arrest even without physical evidence. The law allows officers to arrest a person without a warrant if they believe there is probable cause.

Once arrested, you may face:

• Mandatory Detention: A domestic violence defendant cannot be released on bail immediately and must appear before a judge.
• No-Contact Orders: Courts often issue restraining or no-contact orders, barring any communication with the alleged victim.
• Loss of Firearm Rights: Federal and Florida laws restrict firearm possession following a domestic violence conviction.
• Custody and Visitation Impacts: Accusations can affect ongoing or future child custody and visitation arrangements.

Having a Clearwater domestic violence lawyer involved early in the process can influence bond hearings, fight no-contact orders, and protect your rights during the crucial first stages.

Penalties for Domestic Violence in Florida

The penalties for a domestic violence conviction depend on the nature and severity of the offense. Prosecutors aggressively pursue these cases, even when the alleged victim later asks to drop charges. A conviction can result in jail time, fines, and a permanent criminal record.

Potential penalties include:

First Degree Misdemeanor:

• Up to one year in jail
• Up to $1,000 in fines
• 12 months of probation
• Completion of a Batterer’s Intervention Program (BIP)

Felony Domestic Violence (e.g., aggravated battery, strangulation, use of a weapon):

• Up to 5-15 years in Prison, depending on the charge
• Significant fines and restitution
• Loss of civil rights, including voting and firearm possession

Defenses Against a Domestic Violence Charge

When you schedule your initial complimentary consultation with our firm, we will discuss the specifics of your case in detail and work to build a strong defense that works best for you and your unique situation.

Below are examples of some common strategies against a domestic violence charge. These defenses are far from exhaustive, but can help you understand how we may be able to fight for you:

• Lack of proof. If there’s no concrete proof tying you to the crime, there isn’t much the prosecution can do. This is because defendants cannot be convicted of crimes if the prosecution is unable to reach the required “burden of proof” (or evidence) in a domestic violence case. We have experience in uncovering potential holes in the prosecutor’s argument and can argue that there isn’t enough evidence to tie you to the crime in question.
• Intentional false accusation. There are many reasons a defendant may be falsely accused. Perhaps it was a simple misunderstanding, a case of mistaken identity, or to fulfill some personal vendetta. While we always take accusations seriously, we also understand that this is a contentious subject and that there are multiple sides to every story. If you believe you have been falsely accused due to custody, alimony, or another relationship issue, we will help you prove your side of the story.
• Self-defense. Haworth Legal may be able to prove your actions were done out of self-protection if you were in fear for your safety and were forced to fight back.
• Wrong suspect. Occasionally, people are wrongfully accused of crimes due to a simple case of mistaken identity. If you can demonstrate that you aren’t the person who has committed the offense, your charges may be dropped. Proving as much will likely require an alibi which may include witness testimony and procuring other evidence that you were not in the vicinity of the crime when it occurred.

Felony Domestic Violence (e.g., aggravated battery, strangulation, use of a weapon):

• Up to 5-15 years in Prison, depending on the charge
• Significant fines and restitution
• Loss of civil rights, including voting and firearm possession

FAQs: Common Questions on Domestic Violence Cases