Jacksonville Domestic Violence Attorneys
Providing Clear Legal Counsel for your Domestic Violence Charges
Domestic violence is one of the most commonly charged crimes in Florida. In 2014 alone, more than 106,000 reports of domestic violence were made in the state, resulting in 64,000 arrests. While many of these arrests were truly the result of family violence, false domestic violence accusations can and do arise in the aftermath of emotionally charged situations.
At Monroe & King, P.A., we represent individuals who have been arrested for or charged with domestic violence in Jacksonville and throughout Duval, Clay, Nassau, and St. Johns counties. We understand the complex and fraught nature of these accusations, as well as what you are up against and the possible, life-altering penalties you face. As such, we provide honest, straightforward legal counsel and dedicated representation tailored to your unique situation and circumstances.
If you have been arrested for domestic violence in Duval, Clay, Nassau, or St. Johns counties, contact the Jacksonville domestic violence attorneys at Monroe & King, P.A. for a complimentary case evaluation: (904) 474-3115.
What is Domestic Violence in FLorida?
In Florida, the legal definition of domestic violence (sometimes referred to as “domestic battery”) is when one person intentionally harms or attempts to cause bodily injury to a family member or household member. In order for a crime to be charged as domestic violence, the alleged victim must be a current or previous occupant of the same household as the defendant. However, when the alleged victim and the defendant have a child together, this rule does not come into play.
Who is Considered a "Household Member"?
By law, “household members” include any of the following people:
- Same-sex partners
- Blood relatives
- Parents of a shared child
- Anyone who has shared or currently shares a residence
Types of Domestic Violence
In certain instances, an individual can be accused of domestic violence or battery after shoving a roommate in an argument or threatening a spouse during a heated moment. In other instances, an ex-spouse may accuse the other parent of their child of child endangerment as a form of exerting control or limiting parental rights during a contentious divorce.
There are 4 forms of abuse that could be considered domestic violence:
- Physical: this type of abuse includes hitting, slapping, punching or any violent behavior toward the victim in a physical manner
- Sexual: this type of abuse includes coercion or unwanted sexual contact / behavior
- Emotional: this type of abuse includes demeaning self-worth or self-esteem
- Economic: this type of abuse includes causing the victim to be financially incapable and reliant
Penalties for Domestic Violence in Florida
Regardless of the circumstances, a conviction for domestic violence will have immediate and negative consequences. You will likely have an injunction (also known as a “no-contact” or restraining order) taken out against you, as well as lose the right to see your children. A conviction will also typically result in jail or prison time, hefty fines, mandatory probation, community service, and enrollment in a 26-week batterer’s intervention program.
If you are facing domestic violence charges in Florida, the minimum punishment is at least five days in jail. The court decides the sentence of either probation or community service according to state laws.
Domestic violence charges can include many other criminal offenses, such as:
- Assault: second-degree misdemeanor
- Aggravated Assault: third-degree felony
- Battery: first-degree misdemeanor or as a third-degree felony
The charges an individual may face in Florida for domestic violence include misdemeanor, third-degree felony, or second-degree felony. Additionally, these convictions include time in prison:
- Misdemeanor: From 60 days to one year in prison
- Third-Degree felony: Up to five years in prison
- Second-Degree felony: Up to fifteen years in prison
FL Defenses Against Domestic Violence Charges
While being charged with domestic violence can seem like the end of the world, there are things that can be done to protect your future moving forward. Let’s take a closer look at some of the most successful domestic violence defense strategies.
Defending False Accusations of Domestic Violence
There has been a large increase in the number of false domestic violence reports filed since the COVID-19 pandemic began in March. If you’ve been falsely accused, there are steps you can take to fight the charges, including:
- Proving that your partner had a reason to falsely accuse you. Common reasons include divorce, infidelity, and ongoing child custody battles.
- Showing that your partner’s story is inconsistent.
Self-Defense Not Domestic Violence
Another common situation where domestic violence charges stem from is from acting out of self-defense. If you can prove that your significant other struck first and you were acting out of self-defense or to defend your child, your charges could be dropped.
Additionally, if you can prove that your partner has a history of abuse, you’re much more likely to have your charges dropped.
Lack of Evidence for Domestic Violence
Unlike many other crimes, individuals charged with domestic violence are often “guilty until proven innocent”. However, that doesn’t mean that there aren’t things that can be done to show your innocence.
If the accuser cannot provide sufficient evidence to support their statements, you could have your charges dropped.
Contact Us for a Complimentary Case Evaluation
If you have been accused of domestic violence, your rights are at stake. Don’t delay in contacting our firm for a complimentary consultation with an experienced and awarded domestic violence attorney in Jacksonville. We have the resources, skill, and in-depth legal knowledge required to aggressively defend your rights, your future, and your reputation.
Call (904) 474-3115 today to speak with a Jacksonville domestic violence lawyer from Monroe & King, P.A.
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