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Domestic Violence Defense

Domestic violence (“DV”) is a common problem that affects over 10 million people across the country each year. In their efforts to reduce the prevalence of DV crimes across the state, law enforcement and the court system take any allegations of domestic violence very seriously. Even false or exaggerated cases could lead to mandatory arrests and harsh penalties such as expensive fines and lengthy jail time upon a conviction.

If you have been arrested or are being charged with domestic violence-related crimes, you need to enlist an experienced domestic violence defense attorney. At Shrader Law, PLLC, we have an impressive track record in protecting the rights of Tampa individuals facing DV charges. We will dedicate our resources to ensure that you receive the comprehensive defense you deserve. Talk to us today to learn how we can put our 10-plus years of experience to work for you.

Understanding the Florida Domestic Violence Laws

It is a common misconception that domestic violence-related crimes often involve physical abuse by a husband against the wife. While it’s true that women are most commonly abused by their male intimate partners, Florida laws have a far broader definition of domestic violence crimes. Under § 741.28(2) of the Florida Statutes, domestic violence is defined as any form of battery, assault, kidnapping, false imprisonment, stalking, sexual assault, or any criminal act resulting in bodily harm or death of one person against another family or household member. As a whole, a family or household member is defined by the Florida domestic violence laws (§ 741.28(3)) as:

  • The current or former spouse of the defendant.
  • Any person who is related by blood or marriage to the accused.
  • Any individual who is or was residing together with the offender as if a family.
  • Any person who has one child or more in common with the defendant. In this case, it doesn’t matter whether the two have been married or lived together at some point in life.

Possible Penalties for Domestic Violence in Florida – § 741.283

Domestic assault and battery are some of the most common types of domestic violence-related crimes in Florida. Assault refers to any intentional and unlawful threat to cause bodily harm. On the other hand, battery involves any intentional touching or striking (with or without visible injuries) done to another person against their will. If a family or household member is accusing you of domestic assault or battery, you could be charged with a misdemeanor. This may carry a penalty of up to a year in county jail. However, repeat offenders and those who perpetrate domestic violence crimes in the presence of a child under the age of 16 often face stiffer penalties.

Besides jail or prison time, a domestic violence charge can have other additional consequences, including the following:

  • Hefty fines.
  • Having a permanent criminal record.
  • Paying restitution.
  • Losing your right to possess or carry a firearm.
  • Attendance at a substance-abuse treatment.
  • Attendance at a batters’ intervention program.

Defense Against Domestic Violence Charges

Getting arrested for domestic violence-related crimes does not automatically mean that you will have to face all the severe consequences of a conviction. You have a right to hire a domestic violence defense attorney to fight your charges. The lawyer you chose should have the ability to present an alternative explanation to challenge whatever evidence the prosecution has against you.

At Shrader Law, PLLC, we understand that some domestic violence accusations are not genuine. We have seen some of our clients face false or exaggerated allegations from their family or household members for various reasons. Some of these include infidelity, insecurity, stress at work, financial distress, and desire to gain leverage in divorce and child custody proceedings. With this understanding, we are committed to actively pursuing all evidence and witnesses to ensure that you do not become a victim of unwarranted charges or conviction.

Contact an Experienced Domestic Violence Defense Lawyer

Facing domestic violence charges in Florida can have a significant impact on your personal and professional life. Besides the possibility of having to pay enormous fines, a misdemeanor or felony charge can affect your livelihood, relationships, immigration status, and professional licenses. But accusations or charges of domestic violence don’t have to ruin your life and alter your future. Hiring a skilled Florida domestic violence attorney from Shrader Law, PLLC can help you avoid the harsh repercussions that come with a domestic violence charge. With a team of Tampa domestic violence defense attorneys on your side, you can rest assured that we will help you obtain the most favorable outcome. Please fill out our online contact form or give us a call at 813-701-5038 for a free initial case evaluation.