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Domestic Violence Attorney in Melbourne

Defending Those Facing Domestic Violence Charges in Brevard County

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 Bryan J. McCarthy, our criminal defense attorney is experienced in representing men and women charged with domestic violence crimes. If you were arrested on such charges, call us today.

Are you facing charges of domestic violence? Call The Law Offices of Bryan J. McCarthy today at (321) 248-7742 or contact us online to schedule a consultation with our Melbourne domestic violence attorney. We serve Brevard, Orange, Volusia, Seminole, Indian River, and Osceola counties.

What Do Domestic Violence Lawyers Do?

Domestic violence attorneys, like those at The Law Offices of Bryan J. McCarthy, offer a crucial lifeline for individuals facing domestic violence charges. These legal professionals are well-versed in the complexities of domestic violence laws and can provide essential guidance and support throughout the legal process. They strive to ensure their clients' rights are protected, and they effectively navigate the legal system, aiming to secure the best possible outcome.

Services provided by a domestic violence attorney include:

  • Case Assessment: Thorough review and evaluation of the case, including the charges and potential defenses.
  • Bail Negotiation: Assistance in securing bail, if applicable, and negotiating favorable terms.
  • Representation: Representation in court, including during plea negotiations and trial.
  • Legal Advice: Provision of sound legal advice and explanation of the potential consequences and outcomes.
  • Protection Order Assistance: Help in dealing with protection orders, both in contesting and complying.
  • Negotiation: Negotiation of plea bargains with the prosecution to reduce charges or penalties.
  • Trial Preparation: Preparation and presentation of a robust defense strategy if the case goes to trial.
  • Post-Trial Services: Assistance with post-trial matters, such as appeals or probation terms.

Domestic Violence Cases We Handle

Statistically, the number of arrests for domestic violence offenses has 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.

Our domestic violence lawyers in Melbourne have experience defending against such charges as:

  • Domestic battery
  • Domestic assault
  • Dating violence
  • Restraining/protective order
  • Violation of injunction
  • Stalking/aggravated stalking
  • Child abuse/neglect
  • Domestic aggravated assault
  • Domestic aggravated battery
  • No contact order
  • Batterer’s intervention program
  • Motion to amend pretrial release orders
  • Interference with a 911 call

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 a number of reasons.

You may have been falsely accused because:

  • 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 or child custody case is pending or anticipated.
  • The alleged victim may exaggerate the claims in order to avoid being arrested for their own criminal conduct.

Domestic Violence Sanctions, Penalties or Punishments In Florida

Under Florida law, certain direct and indirect sanctions exist after an arrest or conviction.

After you are charged with a domestic violence crime, you may face the following consequences:

  • You have no right to post a bond immediately to be released from jail following an arrest. 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 attorney at the Law Offices of Bryan J. McCarthy represents 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.

Domestice Violence Florida Laws

Under Florida Statutes Section 741.28, the term “domestic violence” includes any criminal act resulting in the physical injury of a family or household member by another family or household member.

This includes any of the following criminal offenses:

  • Assault
  • Battery
  • Aggravated assault
  • Aggravated battery with serious bodily injury
  • Aggravated battery by strangulation
  • Stalking
  • Aggravated stalking
  • Sexual assault
  • Sexual battery
  • Kidnapping
  • False imprisonment

Who Is Considered “Family or Household Members”

Under Florida law, an officer investigating a domestic violence case in Brevard County and the surrounding areas are trained to treat the following types of people as “domestically related” or falling with the term “family or household members.”

These people would include:

  • A husband and wife who are currently married to each other
  • A man and woman who were formerly married to each other but are now divorced
  • A man and a woman who have a child together
  • A man and woman 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

Contact Our Domestic Violence Lawyer Today

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 attorney represent your domestic violence-related case.

The Law Offices of Bryan J. McCarthy has extensive background knowledge in dealing with the State of Florida laws. This knowledge and experience can be beneficial in our approach to aggressively defending you.

Contact The Law Offices of Bryan J. McCarthy today to get started on your defense with our domestic violence attorney in Melbourne.