Any criminal charge for domestic violence comes with many direct and indirect sanctions in Brevard County and throughout the State of Florida. Many of these sanctions result immediately after the arrest and long before the person arrested has any chance to present a defense in court. At the Law Offices of Germain & McCarthy, LLC, our criminal defense attorneys are experienced in representing men and women charged with domestic violence charges including:
Statistically, the number of arrests for domestic violence offenses have increased dramatically over the years. Although the majority of people arrested for this type of offense are men, women are being accused and arrested for domestic violence in increasing numbers. No other area of the law is more prone to false accusations. We invite your phone calls to discuss the facts of your case directly with an experienced criminal attorney. Find out what you must do today to protect yourself against false or exaggerated allegations of domestic violence.
Domestic Violence Information Center
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False or Exaggerated Claims of Domestic Violence
False or exaggerated claims in domestic violence cases in Florida, including Brevard County, are unfortunately all too frequent for the following reasons:
- Law enforcement officers are trained to make an arrest when called out on a domestic dispute even if the facts are in dispute and it is difficult to determine who was the "primary aggressor";
- Law enforcement officers who investigate allegations of domestic violence must make quick decisions under difficult circumstances and sometimes make mistakes;
- The law enforcement officer may not know about the prior difficulties of the individuals involved;
- The alleged victim may have a financial interest in pursuing false or exaggerated claims especially if a divorce of child custody case is pending or anticipated; and
- The alleged victim may exaggerate the claims in order to avoid being arrested for their own criminal conduct.
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Domestic Violence Sanctions, Penalties or Punishments under Florida Law
Under Florida law, certain direct and indirect sanctions exist after an arrest or conviction including:
- after an arrest, you have no right to post a bond immediately to be released from jail; instead, you must wait until after your first appearance so that the judge can advise you that you may have no contact with the alleged victim;
- you may lose your right to return to your home or see your children while the domestic violence case is pending;
- you may be required to surrender all of your firearms and ammunition to law enforcement while your domestic violence case is pending;
- if you are convicted of domestic violence in Brevard County or throughout the State of Florida, then you will suffer a lifetime ban on your right to possess a firearm under both state and federal law;
- even if you receive a "withhold of adjudication" or enter a diversion program, you will lose the right to possess a firearm during the pendency of your case until the case and any period of supervision is completed;
- if you agree to any plea involving probation and a "withhold of adjudication" then you forever lose your right to seal your criminal record, even if the criminal charge is only a misdemeanor domestic violence offense such as domestic battery.
The criminal defense attorneys at the Law Offices of Germain & McCarthy, LLC, represent men and women charged with domestic violence criminal offenses throughout Brevard County and the surrounding counties in central Florida. Call an experienced domestic violence attorney in Melbourne, Brevard County, Florida, to discuss the facts of your domestic battery case today.
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Definitions of Domestic Violence Crimes Under Florida Law
Under Florida Statutes Section 741.28, the term "domestic violence" includes any criminal act resulting the physical injury of a family or household member by another family or household member including any of the following criminal offense:
- aggravated assault;
- aggravated battery with serious bodily injury;
- aggravated battery by strangulation;
- aggravated stalking;
- sexual assault;
- sexual battery;
- kidnapping; or
- false imprisonment.
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How Florida Law Defines "Family or Household Members"
Under Florida law, an officer investigating a domestic violence case in Brevard County, FL, and the surrounding areas is trained to treat the following types of people as "domestically related" or falling with the term "family or household members" :
- A husband and wife who are currently married to each other;
- A man and women who were formerly married to each other but are now divorced;
- A man and women who have a child together;
- A man and women who lived together or have previously lived together;
- A lesbian or gay couple that lives together and presents themselves or has presented themselves as being in an intimate relationship;
- Relatives related by blood or marriage and living in the same household such as a mother and child, parent and step-child, or brother and sister.
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The Law Offices of Germain & McCarthy, LLC | Domestic Assault Attorney in Brevard County
If you are located in Brevard County, Volusia County, Seminole County, Osceola County, Indian River County or Orange County and you are in need of a domestic violence lawyer, let our criminal defense attorneys represent your domestic violence-related case.
The Law Offices of Germain & McCarthy, LLC extensive background knowledge in dealing with the State of Florida laws will be beneficial in our approach to aggressively defend you. Provide us with the specific details of your case in our online form or call today, (321) 253-3447.