domestic violence attorneys

If you are charged with a Domestic Violence charge, it is critical that you speak with an experienced attorney to protect your rights. Domestic Violence is defined by Florida statute 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 one family or household member by another family or household member.” Domestic Violence Battery is the most common charge.  It is defined as any actual and intentional touching or striking or another person without consent, or the intentional causing of bodily harm to another person (a family or household member).

A family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.  With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Domestic Violence charges can be misdemeanors or felonies, depending on the specific charge.  Domestic Violence charges are serious and there are a multitude of possible consequences in addition to jail or prison, including: permanent restraining orders, not being able to see your loved ones, including your children, inability to possess firearms, and loss of immigrant privileges. 

Can I Have Contact With the Alleged Victim?

If you are arrested for a DV charge, you will be held in custody without bond until first appearance.  More than likely, as a condition of bond, you will have a no contact order with the alleged victim.  If you violate that order, the court will revoke your bond and hold you in jail until your case is resolved.  Contact Heather Bryan Law for more information on how we can help file a motion requesting the court modify the conditions of your bond to allow contact with your loved one.

What if the Alleged Victim Signs a Waiver of Prosecution?

Unfortunately, the decision to prosecute is not up to the alleged victim.  This decision remains with the State Attorney’s Office.  The prosecutor may file charges against you and prosecute you even if the alleged victim signs a waiver of prosecution. 

Can I seal or expunge a Domestic Violence arrest if adjudication is withheld?

In Florida, even if the judge withholds adjudication, with a guilty or no contest plea, and a withhold of adjudication, you cannot seal or expunge your arrest, per Section 741.28.  The only way for the arrest to be expunged is for the charges to be dropped. 

How can I get the charges dropped?

There are diversionary programs offered by the State Attorney’s Office where upon completion, the State will drop the charges. 

Attorney Heather Bryan is an experienced criminal defense attorney who will aggressively defend you.  While this charge is serious, it is also one of the most defendable charges when you have an experienced attorney on your side.  For your free and confidential consultation, contact us online today or call Attorney Heather Bryan at 863-825-5309.