Best Domestic Violence Lawyers in Florida

About Domestic Violence Law in Florida, United States

Domestic violence is a serious legal issue in Florida. It refers to a pattern of abusive behavior used by one person to gain or maintain control over another person in a family or household. This may involve physical violence, threats, emotional abuse, sexual assault, or stalking against spouses, ex-spouses, family members, people living together, or individuals who share a child. Florida laws are designed to protect victims and hold offenders accountable. Domestic violence cases are treated with urgency due to their potential to escalate quickly and cause physical and emotional harm.

Why You May Need a Lawyer

Many people find themselves facing domestic violence issues, whether as victims seeking protection or as individuals accused of committing domestic violence. Common situations where legal help is needed include:

• Victims needing to file for a protective injunction or restraining order (often called an "order of protection")
• Defendants facing arrest or criminal charges related to allegations of domestic violence
• Individuals involved in family law matters such as divorce or child custody where domestic violence is an issue
• Children involved in cases where one parent alleges abuse against the other
• Immigrants whose residency status might be affected by domestic violence allegations or convictions
• Anyone who feels unsafe and needs urgent legal intervention
• Defendants seeking to protect their legal rights and ensure a fair trial

A lawyer can advise you on your options, help you prepare documentation, represent you in court hearings, and ensure your rights are protected throughout the legal process.

Local Laws Overview

Florida’s domestic violence laws are outlined in Chapter 741 of the Florida Statutes. The law defines domestic violence as any assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death by a family or household member against another. Key points include:

• Protective Orders: Victims can request a court-ordered injunction for protection against domestic violence. This may require the accused to leave the home, avoid contact, and more.
• Mandatory Arrests: Law enforcement can arrest a suspected abuser without a warrant if probable cause exists.
• No Drop Policy: Prosecutors often continue with charges even if the victim wishes to withdraw the complaint.
• Punishment Enhancements: Penalties may be more severe if minors are present or if there are previous convictions.
• Firearms Restrictions: Those under a protective order or convicted of domestic violence may be prohibited from possessing firearms.
• Impact on Family Law: Allegations of domestic violence can affect child custody, visitation rights, and divorce proceedings.

Frequently Asked Questions

What is considered domestic violence under Florida law?

Domestic violence includes assault, battery, sexual assault, stalking, kidnapping, or any criminal offense that results in physical injury or death by one family or household member against another.

Who can file for an injunction (restraining order) in Florida?

Any victim of domestic violence, or anyone who has reasonable cause to believe they are in immediate danger of becoming a victim, can file for an injunction in Florida courts.

How quickly can I get protection from my abuser?

You may be able to receive a temporary injunction the same day you file your petition. A hearing for a final injunction is typically set within 15 days.

Can someone be arrested for domestic violence without a warrant?

Yes. Florida law allows police to make a warrantless arrest if there is probable cause to believe that domestic violence has occurred.

What happens after a domestic violence arrest?

The arrested person is typically held in jail until they appear before a judge. The judge will determine bond conditions, including possible no-contact orders.

Will a domestic violence charge affect child custody?

Yes. Florida courts consider any evidence or allegations of domestic violence when making child custody and visitation decisions, prioritizing the child's safety.

What are the penalties for a domestic violence conviction in Florida?

Penalties can include jail time, probation, loss of gun rights, mandatory counseling, and a permanent criminal record. Aggravating factors can increase penalties.

Can domestic violence charges be dropped?

The victim cannot "drop" the charges. The decision to proceed with or dismiss charges is made by the prosecuting attorney, not the victim.

Do I need a lawyer if I am accused or a victim?

While you are not required to have a lawyer, it is strongly recommended. A lawyer can protect your rights, represent your interests, and help you navigate complex legal proceedings.

How can I keep my address confidential if I am a victim?

Florida offers an Address Confidentiality Program to help protect victims by keeping their address out of public records. You can get help through the Florida Attorney General's office.

Additional Resources

• Florida Domestic Violence Hotline: 1-800-500-1119
• Florida Coalition Against Domestic Violence (FCADV): Provides resources, emergency shelter, and advocacy
• Local law enforcement and sheriff's offices: For immediate help or to file a report
• County Clerk of Court: For filing protection orders or getting information on court procedures
• Legal Aid organizations: Offer free or low-cost legal advice and representation
• Florida Department of Children and Families: Assistance with child protection and welfare
• Crisis counseling and support groups: Many community organizations provide counseling and peer support

Next Steps

If you are experiencing or have been accused of domestic violence in Florida, taking quick action is essential. Here are some practical steps:

• If you are in immediate danger, call 911 for emergency assistance.
• Seek a safe place for yourself and your children, such as a shelter, friend, or family member's home.
• Contact the local police to file a report, if you have not already done so.
• Consider requesting an injunction for protection at your county courthouse to prevent contact with the abuser.
• Consult with a qualified lawyer who specializes in domestic violence cases in Florida to get legal advice and representation.
• Gather any evidence of abuse, such as photographs, messages, and medical records, to support your case.
• If you are accused, do not attempt to contact the alleged victim and comply with all court orders.
• Reach out to local organizations and support resources for emotional counseling and safety planning.

Remember, every situation is unique, and seeking professional legal advice is the best way to protect yourself and your loved ones.