DELTONA DOMESTIC VIOLENCE ATTORNEY
SEEK JUSTICE FOR DOMESTIC ABUSE CHARGES
When confronted with a grave criminal offense such as domestic violence, an individual's personal liberty is severely jeopardized. This creates an incredibly stressful situation that requires bold action and the assurance of a seasoned domestic violence lawyer in Deltona. Domestic violence often occurs within families and romantic relationships, imposing significant emotional strain and burden.
If you find yourself entangled in domestic violence charges in Volusia County or Deltona, causing distress in your life, the attorneys at Hager & Schwartz, P.A. are ready to assist you in your pursuit of justice. Conviction for domestic violence in Volusia County undoubtedly carries consequences, which is why it is crucial to promptly hire a reliable domestic violence attorney in Deltona from Hager & Schwartz, P.A.
Reach out to our Deltona domestic violence lawyers at (386) 693-1637 or online.
DEFINITION OF DOMESTIC VIOLENCE IN FL
In Florida, domestic violence is legally defined as any assault, aggravated assault, battery, aggravated battery, 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.
The term "family or household member" refers to:
- spouses
- former spouses
- individuals related by blood or marriage
- individuals currently residing together as a family
- those who have resided together in the past as a family.
It also includes individuals who have a child in common, regardless of whether they have been married or have resided together.
ACTIONS CONSIDERED DOMESTIC VIOLENCE
The following physical actions are considered domestic violence in Deltona, FL:
- Slapping
- Punching
- Throwing an item
- Kicking
- Tripping
- Pushing or pulling
- Any kind of sexual assault
DOMESTIC VIOLENCE PENALTIES IN FL
The penalties for domestic violence offenses in Florida can vary depending on the specific circumstances of the case and the severity of the offense. Domestic violence is generally classified as a misdemeanor, but certain factors can elevate the offense to a felony.
For a first-time misdemeanor domestic violence offense, the penalties may include:
- Up to 1 year in county jail.
- Probation.
- Mandatory completion of a batterer's intervention program.
- Fines and court costs.
- Community service.
- Restraining orders or injunctions.
If the domestic violence offense involves aggravating factors or if the defendant has prior convictions for domestic violence, the offense may be charged as a felony.
Felony domestic violence offenses can result in:
- Imprisonment in state prison.
- Lengthy probation periods.
- Substantial fines.
- Mandatory completion of a batterer's intervention program.
- Loss of certain civil rights, such as the right to possess firearms.
- Enhanced penalties for subsequent domestic violence convictions.
DEFENSE OPTIONS FOR DOMESTIC VIOLENCE CHARGES IN DELTONA
When facing domestic violence charges in Florida, it is essential to explore various defense options to protect your rights and build a strong defense strategy.
The following common defense options may be applicable depending on the circumstances of the case:
- False Accusation: If you believe you have been falsely accused of domestic violence, your defense may involve providing evidence, alibis, or witnesses that contradict the accuser's claims. It could also involve demonstrating any ulterior motives the accuser may have for making false allegations.
- Self-Defense: If you acted in self-defense or defense of others, it may be a valid defense. You would need to show that your actions were necessary to protect yourself or someone else from imminent harm or threat of violence.
- Lack of Evidence: Challenging the prosecution's evidence can be a defense strategy. This may involve questioning the credibility or reliability of witnesses, challenging the admissibility of certain evidence, or demonstrating inconsistencies or gaps in the prosecution's case.
- Consent: If the alleged victim consented to the actions that led to the domestic violence charges, it can be a defense. This defense may apply in cases where there is evidence of mutual combat or agreement between the parties involved.
- Lack of Intent: Demonstrating that you did not have the intent to commit domestic violence can be a defense. It may involve showing that your actions were accidental, misinterpreted, or misunderstood.
- Constitutional Violations: If your constitutional rights were violated during the arrest or investigation, such as unlawful search and seizure or denial of your right to legal counsel, it may be possible to challenge the admissibility of evidence or seek the dismissal of charges.
REPRESENTATION FOR DV CHARGES IN DELTONA, FL
Our team of Deltona domestic violence attorneys at Hager & Schwartz, P.A. possesses the legal expertise required to effectively challenge restraining orders. We are committed to safeguarding your reputation and preserving your freedom by preventing the unnecessary imposition of court-ordered restrictions. By choosing to collaborate with our firm, you can find solace in the knowledge that we will exert every effort to provide you with the comprehensive legal support you deserve as you fight to protect your future.
If you are facing allegations of domestic violence in Volusia County, we urge you to reach out to a Deltona domestic violence lawyer today for assistance. Call us at (386) 693-1637 or fill out an online form to discuss your case and secure the guidance you need.