Key Largo Domestic Violence Lawyer

Supportive Domestic Violence Lawyers Protecting Clients' Rights in Key Largo, FL

While it is normal for families to experience some level of conflict, there are some situations where arguments may spiral out of control, and people may be accused of engaging in aggressive or violent behavior. These situations may lead to accusations of domestic violence. A person who has been arrested based on claims that they have engaged in violence or abuse against family members will need to understand what charges they may face, how to address any restraining orders that are issued, and what steps they can take to defend themselves.

At Keys Criminal Defense, PLLC, our lawyers can provide representation in cases involving domestic violence charges, ensuring that our clients take the right steps to protect their rights and their family relationships. We can determine the best ways to address accusations, and we can make sure our clients meet all requirements put in place by the court while avoiding behavior that could lead to additional charges. Whether defending against violent crime charges or responding to a request for a domestic violence restraining order, we can help clients take steps to resolve these cases successfully.

How Florida Law Defines Domestic Violence

Under Florida Statute 741.28, a variety of offenses may be classified as domestic violence if they have allegedly been committed against a member of a person's family or someone who lives in their household. Family relationships that may apply in these cases include spouses or former spouses, parents and children, and other people with biological relationships or who are related to each other through marriage. Parents who have children together will also qualify, even if they were never married or in a romantic relationship with each other.

In general, family members in domestic violence cases must be currently living together in the same home, or they must have lived together in the past. However, domestic violence may still apply in cases where two parents have a child in common, even if they have never lived with each other.

Specific offenses that may fall under the general category of domestic violence include:

• Battery: A person may be accused of purposely striking or touching a family member. Aggravated domestic battery charges may apply if a person allegedly used a deadly weapon or caused a family member to suffer a serious injury.
• Assault: If a person is accused of making threats of violence rather than making actual physical contact or causing injuries, they may face charges of domestic assault.
• Stalking: A pattern of harassment against a family member that caused them to fear that they would suffer harm may lead to stalking charges that are classified as domestic violence.
• Kidnapping or False Imprisonment: A person may be accused of holding or confining a family member against their will or keeping a child and refusing to allow them to see or spend time with a parent according to the terms of a child custody agreement.
• Sexual Assault: A person may be accused of engaging in unwanted sexual intercourse or sexual contact with their spouse or another family member. Accusations of child sex crimes can be especially serious.

Penalties for Domestic Violence Convictions

The specific charges a person may face will determine what penalties may apply, but Florida law imposes mandatory sentences in some cases where people are convicted of offenses involving domestic violence. Under Florida Statute 741.283, a person who is convicted of a qualifying domestic violence offense in which they intentionally caused a family member to suffer an injury, will face a mandatory minimum jail sentence of 10 days for a first-time offense, 15 days following a conviction for a second offense, and 20 days if a person is convicted of any additional offenses. If an offense allegedly took place in the presence of a child who was under the age of 16, the minimum sentence will increase to 15 days for a first offense, 20 days for a second offense, and 30 days for any additional offenses.

Enhanced penalties will also apply in cases where a person has been convicted of a domestic violence offense in the past. Under Florida Statute 741.2801, an offense will be reclassified to the next highest degree in these cases. For example, if a person is charged with domestic battery, which is usually classified as a first-degree misdemeanor, the charges will increase to a third-degree felony.

Domestic Violence Restraining Orders

In many domestic violence cases, courts will take steps to issue restraining orders, which are known in Florida as injunctions for protection against domestic violence. A person who has allegedly been the victim of domestic violence or who reasonably believes that they are likely to suffer harm due to domestic violence can petition the court for an injunction.

If an injunction is issued, it can place a wide range of restrictions and requirements on a respondent who has been accused of committing domestic violence. In many cases, an injunction will contain a no-contact provision preventing the respondent from making any attempts to communicate with the petitioner, and the respondent may be required to maintain a specific distance from the petitioner's home, workplace, or school.

A respondent may be prohibited from entering their family home or any other location where the petitioner lives. The court may award temporary custody of a couple's children to the petitioner, and the respondent may be required to pay child support or other forms of financial support. A person will typically be required to surrender any firearms or ammunition, and they will be prohibited from possessing or using guns while the injunction is in effect. The respondent may also be required to participate in a Batterers' Intervention Program meant to help prevent domestic violence in the future.

In many cases, a temporary injunction can be issued quickly, and the respondent may not have the chance to appear at a hearing in which a restraining order is requested. A temporary injunction will remain in place until a full hearing can be held to determine whether a permanent injunction should be put in place. At this hearing, both parties will have the opportunity to present evidence, and a judge will make decisions about whether long-term restrictions or other terms should be put in place.

A person who is accused of violating the terms of an injunction may face criminal charges in addition to any other charges related to domestic violence. A violation of a domestic violence injunction is a first-degree misdemeanor offense in most cases. However, a person who has previously been convicted of a domestic violence offense or violating a domestic violence injunction may be charged with a third-degree felony.

Contact Our Key Largo, Florida Domestic Violence Attorneys

Because of the serious penalties that a person can face in a case involving accusations of domestic violence, legal representation by a skilled attorney can be essential in these situations. At Keys Criminal Defense, PLLC, we can help clients respond to accusations of domestic abuse or other forms of violence, challenge requests for restraining orders, and defend against criminal convictions. For a free consultation, contact our Key Largo, FL domestic violence charges lawyers at 305-324-7888.