Domestic Violence

Jacksonville Criminal Defense Attorneys in Florida

According to Florida Statute, section 741.28, "Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Domestic violence laws have stiffened and are strictly enforced.  Domestic violence charges can be abused as means of revenge, when animosities flare up during arguments, or during divorce actions,  or when immigration issues are involved. Many people don’t realize that a call to the police for help may result in their loved one being hauled off to jail or, if he or she is an immigrant, can result in deportation, whether evidence of assault or battery exists or not.

As a result of calling in a domestic argument, people may experience the following:

• A call to the police for help to settle an argument can (and almost certainly will) result in your spouse going to jail.
• Even if the spouse who asked for help doesn't press charges or begs the police not to take action, the state can still and often does pursue the case anyway.
• In a domestic dispute the person who failed to call the police can be taken to jail based on very little evidence, whether or not they were a source of violence.
• If domestic violence includes battery charges regarding a child, the spouse may lose parental rights.
• Violating a restraining order can result in jail time and heavy fines.
• Even with no prior record, by law, a domestic violence conviction cannot be removed from your record by seal or expungement.
• Minimum sentence of one year probation for a first domestic violence offense.
• A second domestic violence offense is upgraded to a felony.

At Fallgatter Farmand & Catlin, our lawyers are on your side, providing decades of criminal law experience.  Involving a lawyer early in the case is very important and can often allow alternative resolutions, such as dismissing charges, filing lesser charges, or other approaches that permit records to be sealed or expunged if conviction does occur.

Take immediate action and call our office at (904) 353-5800, or contact us online to arrange a consultation that is absolutely free with no obligation.