Florida Domestic Violence Attorney
Dedicated Defense and Representation Throughout Brevard County Florida
Domestic violence charges are very serious; convicted offenders in Brevard County, Florida, face the possibility of jail time, fines, restraining orders, probation, and even child custody restrictions. A conviction for domestic violence can negatively impact your ability to secure employment, educational opportunities, housing, and more.
If you are facing domestic violence charges in Brevard County, contact a Florida Domestic Violence Attorney right away. Mario Gunde Peters & Kelley understand what is at stake. We will fight for your rights and future.
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Types of Domestic Violence Cases We Handle
Domestic violence charges are complex and have wide-ranging penalties that will depend on the circumstances involved in an alleged incident. Our Domestic Violence Attornies can help with the following:
- Aggravated Domestic Battery With Serious Bodily Injury(F.S. 741.028(2); F.S. 784.045) – In the act of committing battery, the person “intentionally or knowingly causes great bodily harm, permanent disability, or disfigurement.” Aggravated battery involving serious bodily injury is a second-degree felony under Florida law, which carries a potential jail sentence of 15 years and a fine of up to $10,000. If the aggravated battery is committed as an act of domestic violence, penalties are more severe.
- Aggravated Domestic Battery With Use of a Deadly Weapon (F.S. 741.028(2); F.S. 784.045) – In the act of committing battery, the person uses a deadly weapon. This is a second-degree felony with a potential jail sentence of 15 years and a fine of $10,000.
- Domestic Battery by Strangulation (F.S. 741.041(2)(a)) – “if the person knowingly and intentionally, against the will of another, impedes the normal breathing and circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.” This is a third-degree felony with a potential jail sentence of 5 years and a fine of $5,000.
- Aggravated Battery on a Pregnant Victim (F.S. 784.045(1)(b)) – A person may face aggravated battery charges if “the person who was the victim of the battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant.” Aggravated battery on a pregnant victim is a second-degree felony with a potential jail sentence of 15 years and a fine of $10,000.
- Assault or Battery on Person Over the Age of 65 Years Old (F.S. 784.08) – The act of committing aggravated assault or battery, where the victim is 65 years of age or older. This carries a mandatory minimum jail sentence of at least three years, as well as an imposition fine of up to $10,000. This charge can range from first-degree misdemeanor to first-degree felony.
Understanding Domestic Violence Charges
Domestic violence is committed when a person acts in a violent way or commits assault or battery on a spouse, domestic partner, romantic partner, family member, or another household member under violation of Chapter 741 of the Florida Statutes. For a charge of domestic violence to be charged, only one incident is required.
Florida has additional “general” domestic violence charges. These are situations when domestic violence may result in a civil injunction, including:
- Repeat Violence: “Two (or more) incidents of violence or stalking committed by the defendant, one of which must have been within six months of the filing of the petition (for a restraining order), which are directed against the petitioner or the petitioner’s immediate family member.” (F.S. 784.046(1)(b)).
- Sexual Violence: “Sexual battery, a lewd or lascivious act committed upon or in the presence of a person younger than 16, luring or enticing a child, sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted.” (F.S. 784.046(1)(c)(1-5)).
- Dating Violence: Violence between individuals who have or have had a “continuing and significant relationship of a romantic or intimate nature.” A dating relationship “must have existed within the past six months, the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties, and the frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship” (F.S. 784.046(1)(d)(1-3)).
- Stalking: Someone who “willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of ‘stalking.'” If “a credible threat” is made, the alleged stalker may be charged with aggravated stalking, a third-degree felony (F.S. 794.048).
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Injunction for Protection in Florida
In Florida, when one family or household member is abused by another family or household member, the alleged victim may seek an “injunction for protection” from the court. By law, a protective order, also known as a restraining order, can be implemented in cases of domestic violence, repeat violence, sexual violence, dating violence, and stalking.
Proving a Charge of Domestic Violence in Florida
Domestic violence is prosecuted in Florida when the state can prove beyond a reasonable doubt that the defendant:
- Intentionally touched or struck the alleged victim against their will; or
- Intentionally caused bodily harm to the alleged victim; or
- Intentionally and unlawfully threatened, either by word or act, to do violence to the victim while appearing at the time to have the ability to carry out the threat; or
- The defendant created in the mind of the alleged victim a well-founded fear that the violence was about to take place