Domestic violence charges are always serious and can have consequences far more damaging than the jail time and fines you may face. A domestic violence conviction can affect your ability to get a job, destroy your reputation, and strip you of your right to own a firearm. Because domestic violence is considered a dangerous crime, in Florida, a domestic violence charge cannot be sealed or expunged from your record unless you go to court and are found not guilty or the charges are dropped. Withheld adjudication is not sufficient to keep your record clean.
If you have been charged with domestic violence, you need the help of an experienced domestic violence attorney to minimize the devastation on your life. Please, talk to the Law Offices of Lee P. Marks, P.A. before it is too late.
Domestic Violence in Florida
Florida defines domestic violence as any of the following when perpetrated by a family or household member on another family or household member:
- Aggravated assault
- Aggravated battery
- Sexual battery
- Aggravated stalking
- False imprisonment
- Any criminal offense resulting in physical injury or death
Family or household members are defined as:
- Spouse or former spouse
- People who live together or have lived together as if family
- Those related by blood or marriage, including siblings and parent/child, if living together or have lived together
- Parents who have a child together even if they have never been married or lived together
Restraining Order – Injunction of Protection
More commonly known as a restraining order, an injunction of protection requires you to vacate your home, if living together, to refrain from calling or contacting the victim in any way, to stay at least 500 feet from their home and 100 from their vehicle and to refrain from damaging the victim’s property.
Violation of an injunction of protection is a first-degree misdemeanor and can land you in jail for up to one year. This is a separate charge from the original domestic violence charge or charges.
The penalties for domestic violence are steep and can follow you for the rest of your life. If you are a non-U.S. citizen, a conviction can result in deportation. Your best chance of beating the charges or at least minimizing the consequences is to talk to an experienced domestic violence defense attorney right away. Please call the Law Offices of Lee P. Marks, P.A. at 305-444-3343 or email us to learn more.