Naples Domestic Violence Defense Lawyer

Florida’s definition of domestic violence is broad. Residents may be brought up on charges of domestic violence if they’re accused of aggravated battery, sexual assault, stalking, or behavior resulting in the untimely passing or injury of a resident of a shared household.

With that being said, not all domestic violence charges are issued in good faith. If you find yourself contending with domestic violence charges that you believe to be unjust, you can stand up against them. The Law Office of Robert H. Hanaford’s domestic violence defense lawyers can represent you in criminal court and work to mitigate any untoward charges.

Understanding Domestic Violence Charges in Florida

To understand domestic violence charges in Florida, residents should consider Florida Statute §741.28(2). This statute outlines the behaviors that constitute domestic violence in Florida and, in turn, which parties can press charges against an alleged offender.

This domestic violence statute protects more than a person’s spouse from excessive household violence. Any person related to an alleged offender by blood or marriage may bring domestic violence charges against that offender. Former spouses, too, benefit from the protections issued in this statute.

The good news is that this means certain parties may attempt to bring domestic violence charges against you and find themselves unable to within the letter of the law. If you live with or previously lived with an accuser, however, they can proceed with their case with the aid of the Florida Department of Law Enforcement.

Domestic Violence, Sexual Assault, and Stalking in Florida

As mentioned, the definition of “domestic violence” is deliberately broad in an attempt to protect Florida residents from harm. Specifically, the definition of domestic violence allows law enforcement to charge an alleged offender when someone accuses them of:

  • Assault or aggravated assault
  • Battery or aggravated battery
  • Sexual assault and/or battery
  • Stalking
  • Kidnapping
  • False imprisonment or restraint

The specifics of the charges brought against you may change the consequences you face when your case goes to court. You can work with a Naples domestic violence criminal defense attorney to better understand the specificities of your case and how to address them.

What to Expect From Domestic Violence Charges

If you face domestic violence charges, you may incur misdemeanor or felony consequences for your alleged behavior. The specifics of the consequences you face will vary depending on the severity of the accusations brought against you.

For example, a domestic violence case addressing assault may constitute a second-degree misdemeanor, resulting in up to 60 days in jail and fines of up to $500 upon a conviction. Comparatively, aggravated assault cases jump up to third-degree felony charges, putting you at risk for up to five years in jail and fines of up to $5,000.

Florida Statutes Chapter 784 details each of the facets of domestic violence, along with the complexities of assault charges and their related consequences. If you’re unsure of what to expect from the domestic violence charges leveled against you, a Naples domestic violence criminal defense lawyer can help assess the nature of your case.

How to Challenge Domestic Violence Charges in Florida

As mentioned, there are several malicious reasons someone may issue domestic violence charges against an innocent party. In the face of seemingly unfounded domestic violence charges, you have the right to plead not guilty and bring evidence of your innocence forward in criminal court.

Common arguments against domestic violence charges in Florida can include:

  • The initial charges were maliciously issued
  • The behavior categorized as violence occurred accidentally
  • You engaged in violent behavior out of self-defense

You can work with our team to determine what argument against your domestic violence charges best suits your case.

Note that if you accept a plea bargain, plead “guilty,” or plead “no contest” to the domestic violence charges brought against you, you cannot have the charges sealed or expunged. The only way to prevent these charges from going on your record after they’ve been issued is to be found not guilty by the state.

How to Appeal Domestic Violence Injunctions

While you cannot remove a domestic violence conviction from your criminal record, you can take action against domestic violence injunctions.

Victims of domestic violence have the right to file injunctions against alleged offenders in Florida. These injunctions offer victims protection from parties that have been accused of domestic violence, sexual violence, or stalking.

Parties accused of domestic violence injunctions have the opportunity to appeal these injunctions if they were falsely issued or if they have expired. You can discuss the means through which you can appeal these injunctions with a domestic violence criminal defense attorney in Naples.

We Challenge Domestic Violence Charges in Criminal Court

Domestic violence charges deserve to be taken seriously. However, that doesn’t mean that these charges can’t be leveled against innocent victims out of malicious intent. If you believe you’ve been wrongly charged with domestic violence, you can work with the Law Office of Robert H. Hanaford to argue your innocence. 

You can learn more about our defense services by calling our office at (239) 315-9750. You can also fill out our online contact form. The Law Office of Robert H. Hanaford is ready to stand with you every step of the way during the legal process. 

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