Domestic Violence Defense in Tampa, Florida
When it comes to domestic violence, Florida is a zero tolerance State. Domestic violence is defined as violence committed against a family or household member. More specifically, domestic violence occurs when a spouse, ex spouse, co-parent of a child or other domestic partner commits or attempts to commit a criminal act such as battery, assault, false imprisonment, aggravated battery or stalking against the victim. A threat of physical harm may also constitute domestic violence.
If you are arrested and charged with domestic violence you should expect the following:
- you will be held without bail for 24 hours
- you will be taken before a magistrate who will then decide whether to release you on bail
- a no contact order with the alleged victim will be entered.
If you live with the alleged victim you will not be able to return to your home. Restrictions may also be imposed on your contact with children living in the home.
The maximum penalty for misdemeanor domestic violence is one year in jail. Often, an arrest for domestic violence will include an injunction. Once a temporary injunction is in place, you will be entitled to a hearing before a civil court judge who will determine whether you pose a continuing danger to the alleged victim. If the court finds that you are in fact a danger to the victim, a permanent injunction will be entered prohibiting you from going within 1000 feet of of the alleged victim.
If you are charged with this type of offense or if someone is seeking an injunction against you it is critically important that you have an attorney that is experienced and qualified in handling these matters. Our firm has represented clients in over 1000 domestic violence cases. Most of these cases involved injunctions. Call Criminal Defense Attorney Daniel Fernandez for a free consultation now . 813-229-5353.
