Kissimmee Domestic Violence Lawyer

Kissimmee Domestic Violence Lawyer

Any charge or accusation of domestic violence is a serious offense. Even with a false charge, it can lead to a ruined reputation, lost employment, or limited child custody. These charges can affect your family members for years to come. 

 

If you have been charged with domestic violence in Kissimmee, you need to have an experienced criminal defense lawyer, like Alexander Smith-Johnson, on your side.

Domestic Violence Offenses in Florida

Florida is known to aggressively pursue any type of case involving domestic violence in the state. Several offenses fall into this category, such as:

  • Assault 
  • Battery
  • False imprisonment
  • Kidnapping
  • Sexual assault and battery

 

Depending on the age of the victim and other circumstances, prosecutors can elevate these criminal actions to an aggravated offense, with even stricter penalties. 

 

Under Florida Statute 741.28, the state considers domestic violence as those crimes that have “resulted in physical injury or death of one family or household member by another family or household member.” To be charged with domestic violence, the victim and offender must have a relationship. Some of these domestic relationships include:

  • Former or current spouses
  • Parents with a shared child
  • Individuals related by marriage or blood
  • Individuals residing in the home as a family member

Any physical contact with a family member could be considered battery. If that contact inflicted “bodily harm, permanent disability, or permanent disfigurement,” the offense is elevated to a charge of felony battery. 

Protective Injunction

Along with a charge of domestic violence, you might have a protective injunction filed against you. These injunctions are more civil actions, but you must follow the terms to avoid any criminal charges. 

 

Some crimes do qualify for a protective injunction, such as sexual violence, dating violence, and repeated violence. In most cases, cyberstalking and stalking are eligible for an injunction under Florida Statute 784.046.

 

For the victim to file a protective injunction, he or she must show that:

  • The petitioner is a victim of a domestic violence crime
  • The petitioner has a relationship with the offender
  • The petitioner is in immediate danger of violence

 

After the court has granted the injunction, the offender must have no contact with the victim, even if there is shared child custody. In addition to that, the defendant must attend all court hearings. 

 

During this process, you want to have a criminal defense lawyer representing you in court. Prosecutors will present evidence before the judge, and it is imperative that you have a skilled attorney defending your case. 

 

If the injunction is permanent, you could lose all ability to visit your child or other members of the family. These crimes come with severe consequences, and you want a qualified domestic violence lawyer in your corner.

No-Contact Orders

When you are arrested for domestic violence, you must stay in jail until the first ordered appearance in court. Along with that, you have strict orders not to make any physical or verbal contact with the victim. Even if you have children, you will be ordered to stay away from the accuser. 

 

If you ignore these no-contact orders, there is a possibility of additional criminal charges, including hefty fines, increased jail terms, and other criminal charges. 

Penalties for Domestic Violence

Florida considers domestic violence to be a first-degree misdemeanor. A conviction can include penalties of a $1,000 fine and one year in jail. 

 

If the crime was elevated to a felony offense in the third degree, the offender could face a maximum $5,000 fine and a five-year jail sentence. There are some other serious consequences, including:

  • Strict probation
  • Permanent no-contact with the victim
  • Mandatory counseling
  • Loss of legal rights and child custody
  • Required attendance in the Batterer’s Intervention Program (BIP)

Domestic Violence Defenses

When you are charged with domestic violence in Kissimmee, there are several defenses for your case, such as:

  • Mutual combatants
  • Lack of physical evidence
  • Self-defense
  • Protection of other individuals and property
  • The victim falsely accused the defendant

 

In the state, domestic violence is more than a simple assault and battery. There are specific criteria that the prosecution must meet to prove a domestic violence accusation. If you have been charged or accused of these crimes, it can lead to devastating consequences. These accusations are serious and might lead to losing your freedom, livelihood, children’s custody, and legal rights. 

 

With every crime, certain circumstances surround the actions. You need to reach out to a defense lawyer who can base a defense on your specific needs. Without the proper legal representation, these charges could affect you for many years down the road.

Contact a Domestic Violence Lawyer in Kissimmee

Domestic violence charges are serious matters. You don’t want to leave your case in the hands of an unskilled criminal defense attorney. These accusations can harm your reputation and lead to serious consequences. 

 

Alexander Smith-Johnson has handled hundreds of domestic violence cases. He understands the complexities and sensitive nature of these offenses. These charges will not only affect you, but your family might have to live with these consequences for several years. With his experience, he has successfully represented many clients throughout the Kissimmee area. 

 

Alexander will work hard to gather the facts of the case and craft a defense on your behalf. With his help, you could have a positive outcome in this serious criminal case. If you have been charged with domestic violence, make sure to have a professional Kissimmee criminal defense attorney on your side. Reach out to Alexander’s office to schedule a case consultation. 

Let Alex help you!

If you have any questions, call or email Alex today for a free case review/consultation.

Call : (407) 392-1299

asmith-johnson@smithandeulo.com 7 days/week 24 hours