Florida Domestic Violence Lawyer
When you’re facing domestic violence charges in Florida, the consequences can be devastating to your personal and professional life. A Florida domestic violence lawyer from The Law Office of Daniel J. Fernandez, P.A. provides the aggressive, experienced representation you need to protect your rights and future. With over 43 years of experience and more than 500 successful trials, attorney Daniel J. Fernandez understands the complex nature of domestic violence cases and the tactics prosecutors use to secure convictions.
Domestic violence allegations can arise from heated arguments, misunderstandings, or false accusations. Florida takes these charges seriously, and even a first offense can result in jail time, protective orders, and a permanent criminal record. Our Tampa-based firm serves clients throughout Florida, including Hillsborough County, Pinellas County, Polk County, Manatee, Sarasota County, Pasco County, and Hernando County.
Understanding Florida Domestic Violence Laws
Florida Statute 741.28 defines domestic violence 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. The law applies to current or former spouses, persons related by blood or marriage, persons who are presently residing together as a family, persons who have resided together in the past as a family, and persons who are parents of a child in common.
The penalties for domestic violence convictions in Florida are severe and escalate with repeat offenses. A first-degree misdemeanor can result in up to one year in jail and a $1,000 fine. Felony domestic violence charges carry even harsher penalties, including lengthy prison sentences and substantial fines. Additionally, a conviction can result in the loss of gun rights, mandatory anger management classes, and difficulty finding employment or housing.
What makes domestic violence cases particularly challenging is that they often involve conflicting testimonies and emotional circumstances. The alleged victim may later want to drop charges, but prosecutors can proceed with the case regardless. This is why having an experienced domestic violence attorney is crucial to navigate these complex legal waters and build a strong defense strategy.
Common Defenses in Domestic Violence Cases
Building an effective defense against domestic violence charges requires a thorough understanding of the circumstances surrounding the alleged incident. Self-defense is one of the most common defenses used in these cases. If you were protecting yourself from immediate harm or threat of harm, Florida law may justify your actions under the Stand Your Ground statute.
False accusations are unfortunately common in domestic violence cases, particularly during contentious divorces or custody disputes. Our legal team conducts comprehensive investigations to uncover evidence that may contradict the alleged victim’s testimony, including witness statements, medical records, photographs, and electronic communications.
Lack of evidence is another potential defense strategy. The prosecution must prove their case beyond a reasonable doubt, and domestic violence cases often rely heavily on testimony without physical evidence. Our attorneys scrutinize every piece of evidence and challenge inconsistencies in the prosecution’s case.
In some cases, the incident may have been accidental rather than intentional. For a domestic violence conviction, the prosecution must prove that the defendant intentionally committed the alleged act. If the injury or harm was truly accidental, this can serve as a viable defense strategy.
The Impact of Protective Orders and Injunctions
Domestic violence charges often come with protective orders or injunctions that can immediately disrupt your life. These court orders may require you to move out of your home, stay away from your children, and avoid contact with the alleged victim. Violating a protective order is a separate criminal offense that can result in additional charges and penalties.
At The Law Office of Daniel J. Fernandez, P.A., we understand how restraining orders and injunctions can affect your daily life and family relationships. Our attorneys work diligently to modify or dismiss these orders when appropriate, ensuring that your rights are protected throughout the legal process.
The intersection of criminal domestic violence charges and family law matters creates additional complexity. If you’re going through a divorce or custody battle, domestic violence allegations can significantly impact property division, alimony, and child custody arrangements. Our comprehensive approach addresses both the criminal charges and their potential impact on related civil matters.
Time is critical when dealing with protective orders. You typically have a limited window to contest these orders before they become permanent. Our experienced legal team acts quickly to gather evidence and present compelling arguments to protect your rights and interests.
Tampa Domestic Violence FAQs
What should I do if I’m arrested for domestic violence in Florida?
Exercise your right to remain silent and request an attorney immediately. Do not discuss the case with anyone except your lawyer. Contact The Law Office of Daniel J. Fernandez, P.A. as soon as possible to begin building your defense. Avoid any contact with the alleged victim, even if they reach out to you, as this could violate protective order conditions.
Can domestic violence charges be dropped if the alleged victim doesn’t want to press charges?
In Florida, the prosecutor, not the alleged victim, decides whether to pursue charges. Even if the alleged victim wants to drop the charges, the state can still proceed with the case. However, an uncooperative victim can make the prosecution’s case more difficult to prove, which an experienced attorney can use to your advantage.
Will a domestic violence conviction affect my gun rights?
Yes, a domestic violence conviction will result in the permanent loss of your right to own or possess firearms under federal law. This applies even to misdemeanor convictions. Additionally, Florida law prohibits persons convicted of domestic violence from obtaining concealed weapon licenses.
How long does a domestic violence case take to resolve?
The timeline varies depending on the complexity of the case, court schedules, and whether the case goes to trial. Simple misdemeanor cases may resolve in a few months, while complex felony cases can take a year or longer. Having an experienced attorney can help expedite the process and work toward the best possible resolution.
Can I be charged with domestic violence if there are no physical injuries?
Yes, Florida law does not require physical injury for domestic violence charges. Assault charges can be filed based on the threat of violence, while battery charges can result from any unwanted physical contact, regardless of whether it causes injury. Even throwing objects or blocking someone’s path can potentially result in charges.
What happens at the Hillsborough County Courthouse for domestic violence cases?
Domestic violence cases in Tampa are typically heard at the Hillsborough County Courthouse located at 800 E Twiggs Street. The process includes arraignment, pre-trial conferences, and potentially a trial. First appearance hearings often occur within 24 hours of arrest, where bond and protective order conditions are set.
Will my employer find out about domestic violence charges?
Criminal charges become part of the public record and may appear on background checks. This can affect employment, professional licenses, and housing applications. However, if charges are dropped or dismissed, the impact on your record may be minimized. Consulting with an attorney immediately can help protect your reputation and future opportunities.
Serving Throughout Tampa Bay
- Hyde Park
- Westchase
- South Tampa
- Ybor City
- Davis Islands
- New Tampa
- Channelside
- Seminole Heights
- Palma Ceia
- Harbour Island
Contact a Tampa Domestic Violence Attorney Today
Don’t let domestic violence charges destroy your future. The Law Office of Daniel J. Fernandez, P.A. has the experience, knowledge, and proven track record to fight for your rights. As a former prosecutor with over four decades of criminal defense experience, Daniel J. Fernandez understands both sides of the courtroom and uses this insight to build powerful defense strategies. Our firm has earned recognition as one of Tampa Magazine’s Best Lawyers and maintains a perfect five-star rating on Google with over 400 reviews. Contact our Tampa domestic violence attorney today for a free consultation and begin protecting your freedom and future.