Domestic Violence FAQ
June 6, 2024
Domestic violence charges are serious and can have a devastating effect on your life. At DaytonaDefense.com, we understand the gravity of the situation and are here to offer the guidance and support you need.
With years of experience defending clients in Daytona Beach and surrounding areas, we have compiled a list of frequently asked questions to help you through this challenging time.
If you or a loved one needs defense representation for a domestic violence case, please reach out to our firm as soon as you can. Time is of the essence, and your future is worth fighting for.
What Is Domestic Violence?
Domestic violence is a pattern of behavior used by a person to exert power and control over another person in an intimate or family relationship.
Domestic violence can happen to anyone, regardless of age, gender, race, or socioeconomic status. And it can take a variety of forms:
Physical abuse: Hitting, slapping, pushing, or any other form of physical harm.
Emotional or psychological abuse: Verbal threats, intimidation, humiliation, and manipulation.
Sexual abuse: Forcing or coercing someone into sexual activities without their consent.
Financial abuse: Controlling or restricting someone's access to financial resources.
Stalking: Repeatedly following or harassing someone, causing fear for their safety.
What Should I Do If I’m Arrested for Domestic Violence?
If you're arrested for domestic violence, stay calm and do this:
Cooperate with law enforcement: Resisting arrest can lead to additional charges.
Exercise your right to remain silent: Anything you say can be used against you in court. Politely decline to answer questions until you have legal representation.
Contact a defense attorney immediately: Reach out to an experienced domestic violence defense lawyer to help you understand the legal process and know your rights.
Can I Be Charged with Domestic Violence Without Physical Evidence?
Yes. In many cases, charges can be based solely on the testimony of the alleged victim. Physical evidence, such as injuries or property damage, can strengthen the case but is not always necessary for charges to be filed.
What Are the Potential Consequences of a Domestic Violence Conviction?
A conviction for domestic violence can lead to severe penalties, including:
Jail or prison time
Fines
Mandatory counseling or anger management programs
Restraining orders
Loss of child custody or visitation rights
A permanent criminal record
Difficulty finding employment or housing
Can the Alleged Victim Drop the Charges?
In most cases, once charges are filed, the decision to drop them lies with the prosecutor, not the alleged victim. Even if the alleged victim wants to recant their statement or drop the charges, the prosecutor may choose to pursue the case based on the evidence available.
What do I Need to Know About Domestic Violence Laws in Florida?
Florida has stringent laws regarding domestic violence, designed to protect victims and hold offenders accountable.
Under Florida law, domestic violence includes any criminal offense resulting in physical injury or death to a family or household member by another family or household member.
This includes spouses, former spouses, individuals related by blood or marriage, individuals who are presently residing together as a family or have resided together in the past, and individuals who are parents of a child in common regardless of their marital status.
The laws cover various behaviors, including assault, battery, stalking, kidnapping, false imprisonment, or any offense that results in physical harm or endangerment to a family or household member.
Penalties for domestic violence in Florida can be severe and depend on the nature and severity of the offense. Convictions can result in mandatory jail time, with a mandatory minimum of five days in county jail if the offense involves bodily harm.
Beyond incarceration, offenders may face hefty fines, probation, community service, and mandatory attendance at a batterer’s intervention program. Also, those convicted may have restraining orders placed against them, which can affect their living arrangements and contact with their children.
Domestic violence cases in Florida are thoroughly prosecuted, and even if the alleged victim wishes to drop the charges, the state can still pursue the case independently based on the available evidence.
How Can DaytonaDefense.com Help?
At DaytonaDefense.com, we want you to understand the legal process, your rights, and your choices before making any decisions about your case.
Jeff, our seasoned defense attorney, has defended clients against various offenses, including domestic violence. He began his career as an assistant public defender in Lake County, Florida, and has since secured Not Guilty verdicts in multiple trials and earned Death Penalty experience.
Once retained, Jeff will work tirelessly to investigate the charges against you, gather and analyze evidence, develop a robust defense strategy, negotiate with prosecutors on your behalf, and represent you in court.
We can also connect you with local counseling and support services to help you bounce back and move on from this challenging time.
Reach Out Today
At DaytonaDefense.com, we will support you every step of the way. If you or someone you know is facing domestic violence charges, please reach out to us for a confidential consultation.
We work with clients throughout Daytona Beach, Florida, DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County. Call us today to schedule a consultation.