Domestic Violence

Let a Lake Mary Domestic Violence Lawyer Help You

Being arrested for the crime of domestic violence in Lake Mary can be a harrowing experience. Domestic violence is a serious charge, whether charged as a misdemeanor or a felony. Despite a matter seeming like a private situation between adults, a domestic violence charge can have a long-term effect on your future. For these reasons, it is imperative to seek legal counsel immediately with the help of an experienced lawyer. 

Ryan Yadav has extensive experience representing individuals accused of domestic violence and will protect your rights. Contact us today for a free consultation to discuss your case and options for legal defense. 

Understanding Domestic Violence Charges in Lake Mary

Domestic relationships are complicated, and domestic violence is rarely a clear-cut matter with a single guilty party. If you, a friend, or a family member has been charged with domestic violence, you need the professional help of an experienced Lake Mary domestic violence lawyer to resolve your case in the best possible way.

If you’re convicted of a serious domestic violence charge, more than just jail time is at stake. You could lose your home, your family, your job, and even your friends. The Office of the State Attorney is increasingly and unsympathetic to individuals who have been accused of domestic violence in Lake Mary and throughout Seminole County, and the outcome of your case may depend heavily on how the information is presented to the prosecutor and, later, to a potential jury.

It’s important to note that in Seminole County, domestic violence charges are unlikely to be dropped even if your family member desires to drop the charges once the heat of the actual moment is over and everyone is thinking clearly again. A skilled attorney will help you navigate the system and, if possible, reunite you with your loved ones in a prompt manner.

When a person is arrested in Lake Mary for a crime of domestic violence battery, including assault, stalking, harassing or obscene phone calls, aggravated battery, or aggravated assault, a judge will usually de facto place a GPS monitor and impose bond conditions that preclude the defendant to make contact with the alleged victim or return to the home. Hiring a local attorney quickly can oftentimes avoid such harsh conditions at the first appearance or, in the alternative, modify the bond conditions within days after the arrest.

Potential Penalties for Domestic Violence Convictions

Charges stemming from a domestic violence charge could range from simple probation to extended jail time, and there are other things to consider. In Lake Mary, domestic violence battery alone brings conditions such as a 26-week batterer’s intervention program, a large fine, community service, the cost of the prosecution, the cost of the investigation by the Lake Mary Police Department, and much more. Will you be allowed to return to your home? See your kids? Talk to your wife or husband? Even if your family wants to see you, without aggressive representation, the legal system may negate the normalcies of everyday life.

That’s why the best possible outcome in your case may include more than a just sentence. An attorney working on your side will find the truth behind the incident and make sure your version of the story is heard. Your case will be presented in the most favorable light possible by a Lake Mary domestic violence attorney, and you and your family will be treated with kindness and respect.

Understanding Florida Domestic Violence Law

Domestic violence is a category of crimes under Florida law that includes violent or threatening acts committed by one family or household member against another. Assault, battery, stalking, kidnapping, and false imprisonment are among the most common domestic violence offenses, along with others that result in injury or death.

State law broadly defines “family or household members” to include:

• Spouses and former spouses
• Blood or marriage relatives
• People who are currently living together or who have lived together in the past as a family
• Individuals who share a child, regardless of whether they have ever lived together

The nature of the relationship between the person accused of the crime and the alleged victim is the key aspect that distinguishes domestic violence from other criminal offenses.

The penalties for domestic violence range based on the circumstances and whether the crime is charged as a misdemeanor or a felony.

A person convicted of domestic battery in Florida, for example, is likely to be required to complete a Batterers’ Intervention Program, in addition to possible jail time and fines. A conviction may also come with a no-contact order that bars you from communicating with the alleged victim.

That is not to mention the serious collateral consequences. A domestic violence conviction may impact child custody and visitation, employment opportunities, professional licensing, housing eligibility, firearm rights, and immigration status.

Florida Domestic Violence Offenses

Domestic Battery

Domestic battery is the most commonly charged domestic violence offense in Florida. It involves the unlawful touching or striking of a family or household member without their consent.

Domestic battery typically is charged as a first-degree misdemeanor, punishable by up to one year in jail, one year of probation, and a $1,000 fine. Even a first-time offense can lead to mandatory completion of a Batterers’ Intervention Program and the imposition of a no-contact order.

Aggravated battery is a more serious form of the offense, which includes the use of a deadly weapon or results in serious bodily harm. Aggravated battery is a second-degree felony with a potential sentence of up to 15 years in prison and a $10,000 fine.

Assault

Domestic violence does not require physical contact or injury in order to be charged as a crime. State law defines assault as an intentional threat of violence that creates a well-founded fear of imminent harm.

Assault is classified as a second-degree misdemeanor, punishable by up to 60 days in jail. The offense becomes aggravated assault if it involves the use of a deadly weapon or the intent to commit a felony during the assault. Aggravated assault is a third-degree felony, carrying penalties of up to 5 years in prison and a $5,000 fine.

Stalking

Stalking occurs when someone willfully and repeatedly follows or harasses another person, causing emotional distress.

It is often charged as a first-degree misdemeanor. The offense may be elevated to aggravated stalking under certain circumstances, like if it involves a victim who is under the age of 16 or the violation of a restraining order.

False Imprisonment

False imprisonment is the unlawful restraint or confinement of a person without legal authority or their consent. A third-degree felony, it is often charged in domestic disputes during which one partner blocks the other from leaving or takes the person’s phone to prevent the person from calling for help.

How No-Contact Orders Work

As an experienced Lake Mary domestic violence attorney, Ryan often gets questions about no-contact orders. These orders are common in domestic violence cases, and they can raise complicated issues, particularly in situations involving parents.

In Seminole County, a judge typically will issue a no-contact order at the first court appearance by a person charged with domestic violence. That is true regardless of whether the alleged victim wants the order or even wants to press charges.

The order prohibits any direct or indirect communication with the alleged victim or victims. That includes:

• Phone calls
• Texts or social media messages
• Emails
• Contact through third parties

The person charged with the crime may also be ordered to stay away from the alleged victim’s home, place of work, or school.

Cops, prosecutors, and courts aggressively enforce no-contact orders. Violating an order is a separate criminal offense, even if the alleged victim initiates the contact. The only way to change a no-contact order is through a formal court motion requesting modification.

Contact an Experienced Lake Mary Domestic Violence Attorney Today

When you have been charged with domestic violence, hiring the right attorney can make a significant difference in your case, especially if the situation is more complicated than it seems. Take charge of your future by contacting Ryan Yadav, a Lake Mary domestic violence lawyer with the knowledge and experience to help you clear your problems and get your life back on track. 

---

Frequently Asked Questions

What are common defenses to domestic violence charges?

There are several defenses that can be used in these cases. Some frequently used defenses include:

• Self-defense
• Defense of others
• False accusations
• Lack of evidence
• Mutual combat
• Accidental contact

An experienced criminal defense attorney can help you explore these and other strategies to fight the charges against you.

Can the alleged victim drop the charges?

No, at least not directly. Only the State Attorney’s Office can decide whether to pursue or drop charges, and they often are reluctant to do so. Even if the alleged victim wants to dismiss the case, prosecutors may continue if they believe they have enough evidence to prove the offense. That said, cases can be more difficult to prove when the alleged victim does not cooperate with prosecutors.

Will a domestic violence charge stay on my record?

Yes, unless the case is dismissed or you are acquitted at trial. Florida does not allow for the sealing or expungement of domestic violence convictions, even if the charge is a misdemeanor.

Do I need a lawyer?

You are not required to have an attorney represent you in criminal cases in Florida, but going it alone is a serious mistake that can have real consequences for you and your family.

An experienced criminal defense attorney can challenge the evidence against you, work to lift no-contact orders, and explore all available options to get the charges reduced or dropped. Lake Mary domestic violence attorney Ryan Yadav has a strong track record of helping people resolve criminal matters, including domestic violence, on optimal terms.