Domestic violence is a pattern of behaviors that exert power and control over another in a family situation. It includes physical abuse, threats, financial control, and intimidation tactics. Domestic violence is a severe criminal offense in the State of Florida. If convicted of this crime, the penalties can be severe, resulting in fines, probation, and jail time. Other consequences are a requirement to attend counseling or anger management programs, and these charges can affect child custody and visitation orders. A conviction is a permanent criminal record and can jeopardize your career, with the potential for revocation of professional licenses.
The State of Florida Statutes defines domestic violence as:
"�Kany assault, aggravated assault, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of a family or household member by another family or household member."
A family member is a current or former spouse, or a person related by blood or marriage. It includes persons who are not married but have a child and household members who live or have lived together in a domestic relationship.
Potential Consequences of Court Injunctions
The court relies on a petitioner's explanation of circumstances to order a temporary injunction in a domestic violence allegation. The purpose of an injunction is to restrain a respondent from further violence. The court grants temporary injunctions due to the vulnerability of victims. At a hearing for a temporary injunction, a judge may limit or terminate the respondent's rights for custody and the children's visitation. Temporary child support for minor children may be ordered, and the respondent may have to seek an alternate residence. At a later scheduled hearing, the court will examine the evidence for a permanent injunction, and the respondent can contest the charges.
Common Defenses Against a Domestic Violence Charge
The Law Office of Isadore Hyde knows that each situation's family dynamics are unique and require individualized attention. In many cases, the alleged victim is seeking retaliation and revenge for a contentious divorce or the ending of a relationship. The alleged victim may want to punish their partner through limited or terminated parental rights or seek monetary gains in a divorce settlement.
To disprove domestic violence claims, we examine documents, such as law enforcement reports, witness statements, and medical evidence for lack of proof or inconsistencies. It may be possible to present evidence that the respondent was not present when an alleged domestic violent event occurred. There is always the possibility that the victim could have initiated the domestic incident, and the respondent acted in self-defense. These are a few examples of common defenses in domestic violence cases.
The Law Office of Isadore Hyde can Protect your Legal Rights and your Future
For domestic violence issues, it is crucial that you have an experienced defense attorney on your side. As a criminal defense attorney and a former Seminole County Prosecutor, Attorney Isadore Hyde has been involved with innumerable domestic violence scenarios. He understands domestic violence laws and knows that these are highly charged, emotional cases with far-reaching consequences. The Law Office of Isadore Hyde is skilled and effective in the investigation, negotiation, and strategies of a case that may result in a reduction of charges or a dismissal