Domestic Violence

Let a Sanford Domestic Violence Lawyer Defend You

In many instances, domestic violence and battery crimes are not black and white, but have many shades of gray that complicate legal trials and investigations. If you are arrested in Orange, Seminole, or Volusia County, for any domestic violence crimes, your first step should be to contact Ryan N. Yadav, an experienced Sanford domestic violence attorney, immediately following the incident or arrest. He will ensure that your rights are protected throughout the legal proceedings. With a capable attorney at your side, the proper pressure can be placed on prosecutors to drop any charges that have no legal basis or are irrelevant to the situation at hand.

When one is accused of domestic violence related crimes, oppressive steps may be taken by law enforcement officials and government services before the case even goes to trial. Accused persons may be required to limit contact with their alleged victims, or abruptly move from their primary residence, lose contact with their minor children, or have to wear an EMPACT GPS monitoring device to have their locations tracked.

All of these steps can be set in place even before you have your day in court, or your chance to defend yourself, and without the help of a Sanford domestic violence attorney, you may be helpless to stop them from happening. A skilled local attorney can petition the judge to drop some, if not all, of the above conditions, while you fight your charges.

Domestic Violence Battery Charges

To prove domestic violence battery, as is the case with all battery charges, the State Attorney’s Office must show that an offender perpetrated harmful bodily contact with intent. Without evidence of said intent, or contact, the State should not go forward with a charge of domestic violence battery.

In addition, soon after a person is arrested for domestic violence battery, a Domestic Violence Injunction may follow. These injunctions are civil actions, not criminal; however, if the injunction becomes permanent, or goes to a hearing, you may suffer possible negative effects throughout your criminal trial.

If you have been arrested for domestic violence battery, our office will investigate the following list, which may lead to charges being dropped or dismissed by the prosecution:

• Can the State produce the alleged victim at trial?
• Were there any witnesses to the alleged crime?
• Is there any real or tangible evidence that suggests an incident of battery occurred?
• Is there evidence that suggests the alleged victim was being less than truthful?
• Was the alleged victim intoxicated at the time of the alleged offense?

Sadly, in some instances, people use the criminal justice system to serve ulterior motives, leaving innocent citizens in Seminole Orange, Volusia, and the surrounding counties to be investigated and charged with criminal activities. If this is the case, Ryan Yadav will zealously fight for your innocence, even if it means taking your case to jury trial.

Domestic violence includes a wide range of criminal offenses committed by one family or household member against another. It is taken very seriously by cops and prosecutors in Florida, where public policy favors arrest and punishment to prevent repeat offenses.

Domestic violence cases often raise complex factual and legal questions, strain family relationships, and take an emotional toll on all involved. They can also result in serious consequences, including jail time, fines, and a permanent criminal record.

If you or a loved one has been accused or charged with domestic violence or has a domestic violence injunction against you, Sanford domestic violence lawyer Ryan Yadav can help. Ryan is an experienced criminal defense attorney who works aggressively to build the strongest possible cases for his clients and has a track record of successful results.

Domestic Violence Laws in Florida

State law defines domestic violence broadly to include various offenses committed by one member of a family or household against another member of the same family or household.

This includes:

• Assault
• Battery
• Sexual assault or sexual battery
• Stalking
• Kidnapping or false imprisonment
• Any offense resulting in physical injury or death

The law applies to spouses, ex-spouses, individuals related by blood or marriage, people living together as a family, and those who share a child in common.

Domestic violence often manifests itself in physical abuse, although physical injury is not necessarily required in order for a crime to be charged. Assault is the threat of violence, while battery is the actual physical contact or striking of another person.

Stalking is another common domestic violence offense that involves a pattern of unwanted and repeated attention, harassment, or conduct directed at a specific person that causes the victim emotional distress or fear. It increasingly occurs through electronic communication, such as email, social media, and text messages.

Penalties for Domestic Violence

The penalties for domestic violence convictions vary widely based on the situation, including the severity of the offense, whether weapons were used, and whether the person has a prior criminal history.

Battery is the most common domestic violence charge in Florida. It is typically treated as a misdemeanor. Penalties include:

• Up to 1 year in jail
• Up to 12 months of probation
• Mandatory Batterers’ Intervention Program
• Up to $1,000 in fines
• No-contact orders or protective injunctions

Domestic violence offenses come with harsher potential penalties when they are charged as felonies. Those penalties include prison sentences ranging from five years to life behind bars, as well as larger fines and the possible loss of voting and gun ownership rights.

Florida law requires that any person convicted of a domestic violence offense serve a mandatory minimum of at least five days in jail. Any conviction comes with a permanent criminal record because domestic violence charges are not eligible for sealing or expungement.

Florida Domestic Violence FAQ

Do police have to make an arrest in domestic violence cases?

In many cases, yes. State policy heavily favors arrest when police officers are responding to domestic violence calls. If officers have probable cause to believe that an act of domestic violence occurred, they are generally required to arrest the alleged aggressor, even if the victim does not want to press charges.

This policy aims to prevent further violence. The problem, however, is that it often results in arrests based on flimsy evidence or conflicting versions of the events. An experienced criminal defense attorney can help you expose the weaknesses in the case against you.

Can the alleged victim drop the charges?

No. Once an arrest is made, the case is in the hands of the State Attorney’s Office. Only the prosecutor has the authority to file or drop charges. Even if the alleged victim asks to dismiss the case, the prosecutor can still move forward based on police reports, witness statements, and other evidence.

That said, a victim’s unwillingness to cooperate can impact the strength of the prosecution’s case. It may make the case more difficult to prove.

What is a no-contact order, and how does it work?

The court usually issues a no-contact order after a person is arrested and charged with domestic violence. The order generally prohibits the person accused of the crime from contacting the alleged victim in any way, whether it is in person, by phone, email, or through social media. The order remains in place throughout the case unless a judge modifies it.

To lift or change a no-contact order, the alleged victim must attend a court hearing and request it. Judges evaluate the request based on the safety of the parties involved.

Will a domestic violence conviction affect my criminal record?

Yes. A conviction for domestic violence cannot be sealed or expunged under Florida law. It becomes a permanent part of your criminal record, which may affect your employment, housing, immigration status, and child custody or visitation rights.

Avoiding a conviction through dismissal, acquittal, or diversion is the best way to preserve your record.

Is there a way to get charges dropped or dismissed?

Yes. The good news is that there are a number of possible defenses in domestic violence cases. Some of the most common include:

• False accusations
• Self-defense
• Lack of evidence
• Mutual combat

A first-time offender also can seek to avoid a conviction through a pre-trial diversion program. These programs are designed to address issues like anger management and conflict resolution, substance abuse, mental health, and parenting skills.

Speak With Sanford Domestic Violence Lawyer Ryan Yadav

If you have been charged with a crime in Florida, you do not need to go it alone. Sanford domestic violence lawyer Ryan Yadav can help you understand your situation and begin defending the case right away. Ryan will fight aggressively to protect your rights. Call 407-878-7855 or contact us online to schedule a free consultation and discover how a Sanford domestic violence lawyer can assist you.