A domestic violence charge is a serious occurrence that alters the lives of all parties involved indefinitely. It can also bring with it a laundry-list of litigation and potential losses of certain freedoms.
Below, we’ll walk you through what a domestic violence charge is, the consequences of a domestic violence charge, and how these cases typically go.
What are the Penalties for Domestic Violence?
What happens when you get a domestic violence charge will vary depending on the severity of the offense.
In Canada, the nature of the offense is considered an “aggravating factor” during sentencing. That means that you’ll receive a more severe penalty for violence in domestic contexts than for those acts of violence outside of a domestic situation. An example of a serious type of domestic violence in Florida is child abandonment.
What Usually Happens in Domestic Violence Cases
Typically, a domestic violence charge and conviction will result in jail time, mandatory counseling, fines, probation time, and the administration of a protective order for the victim. Also, many defendants in these cases will lose their Second Amendment rights and need to forfeit their firearms, as they’ll be deemed as dangerous.
If you’re arrested, it’s incredibly important to know your Miranda Rights, which ensure that you’ll be protected for not speaking to the police. You don’t want to divulge any details of a situation without having someone with the proper knowledge of the law at your side.
Call Thomas C. Grajek now to talk with a criminal defense attorney with experience in defending domestic assault and domestic violence charges.
How Do Most Domestic Violence Cases End?
For the most part, domestic assault cases tend to conclude before ever going to trial. Conferencing and counseling will occur before either party appears before a judge. In these conferences, you and your attorney will review the evidence with the prosecutor.
Usually, these meetings will be able to determine whether a domestic violence felony charge should be filed or any other offenses had been committed. This is where having a great criminal defense attorney comes in handy. They’ll be able to work out if you’ve had your rights violated in this process or get you a better plea deal.
Contact Criminal Defense Attorney Thomas C. Grajek Today
You’re entitled to the best defense possible if you’ve found yourself arrested or being accused of a domestic violence charge.
We can help you understand what is a domestic violence charge and how it can change the course of your life. These charges, true or not, can permanently damage your reputation.
Thomas C. Grajek is a criminal defense and domestic violence attorney to help you in Tampa, Lutz, or Lakeland, Fl. You can contact him here, through email, or by calling (836) 688-4606 to schedule a free consultation.
Additionally, we’ll be able to provide coverage for DUI, possession of child pornography, and sexual battery. For a complete list of felonies we defend and have defended in the past, click here. We’ve had an excellent track record of helping those accused find justice.
Domestic charges aren’t something you can let fall by the waist side and sort themselves out; take charge of the situation and see what Thomas C. Grajek can do for you today.
Filing a Domestic Violence Charge FAQs
Can a domestic violence case be dropped?
While cases can be dismissed, they cannot be dropped. This is due to the fact that crimes are governed and charged by the state. The state in which you committed the crime and the prosecutor’s office the accuser is using will have the final decision on this matter.
How long do domestic violence cases last?
The length of these cases will depend on the severity of the crime. If you need to go through the process of determining the custody of your children or go to group counseling, the domestic violence case will be extended considerably. Some cases may extend up to two years, depending on the jurisdiction in question.
What behaviours can be considered domestic violence?
Domestic violence comes in many forms, and every state has different criteria in determining if an action is classified as domestic violence. Some of the activities that can be considered domestic violence in Florida include repeated unwanted contact (even calls, texts, emails, and interactions on social media), actual physical violence, and emotional abuse.
What should I do if I am wrongly accused of domestic violence?
If you are wrongly accused of a crime, you’d need to consult a trusted attorney to build a defense. Your attorney needs to present a defense showing you are telling the truth about what happened in the accident and that you’re not to blame for it. This is a tricky case, and an experienced attorney is your best shot to win the case.
Why would a domestic violence case be dismissed?
There are various reasons why these cases are dismissed. This includes the victim having a history of false accusations or there simply being not enough evidence to convict.
Additionally, when an accuser doesn’t comply or cooperate with the prosecution, the case may be dismissed entirely. Violations in this sense include not following the orders of the court or self-incriminating in testimony that the incident was a mutual fight, for example.
Would it be okay to move back in with my partner if she allows it. even if there is a restraining order currently in place?
No. Even if your partner told you that it is okay to move back in, don’t. Violating the restraining order that is currently in effect means that you could go to jail. The best thing to do in this situation is to follow the legal process by talking to authorities and informing them of your partner’s decision.