Domestic Violence Attorney in Clermont, Florida

There are few crimes that come with such a negative social stigma as domestic violence charges. Because of this, if you’re facing an accusation of a crime like domestic battery or anything else, you should always work with a reputable criminal defense attorney to ensure your rights are protected. This is true regardless of your perceived guilt or innocence. The potential consequences that can occur after a domestic violence conviction—both criminal and societal—can be absolutely devastating. You need to do everything you can to minimize these penalties or prevent them altogether.

If you’re dealing with these charges, it’s natural to feel frustrated. Reach out to our firm at Archer Law to speak with a skilled criminal defense attorney. We offer knowledgeable advocacy and individualized guidance when you need it the most. We serve clients living in the Clermont, Florida area including Polk County, Lake County, Sumter County and Seminole County. 

Domestic Violence in Florida

The charge of domestic violence in Florida covers a broad spectrum of crimes that can include the following:  

• Kidnapping 

• Physical assault or battery against a family member  

• Aggravated assault of battery 

• Sexual abuse charges including assault and battery 

• Stalking 

• Child Abuse  

• Aggravated stalking 

• False imprisonment  

• Any crime that results in a physical injury or death of one family member by another family member 

Key to understanding these laws is knowing what defines a “family member.” In Florida, a family member is defined as any of the following: 

• A current or former spouse. 

• A current or former romantic partner that you currently or have formerly resided with. 

• Someone you share a child with regardless if you’ve ever lived with them or been married. 

• A mother, father, brother, sister, or child (basically anyone related to you by blood or marriage) you currently or have formerly resided with. 

• Someone you reside with as a family. 

Possible Consequences and Penalties  

The possible consequences of a domestic violence or assault conviction cannot be understated. These can be far reaching, going even beyond your initial sentence. Potential consequences can include: 

• Jail: Jail or prison time is a common penalty for a domestic violence conviction, especially if you’re facing a felony charge.  

• Probation: In most cases, those convicted of a domestic violence crime in Florida will be required to fulfill at least one year of probation. 

• Fines: Fines are almost always a part of the penalties associated with a domestic violence charge.  

• Loss of Firearms: Many people who have been convicted of a crime may not be able to purchase or own firearms even after they’ve served their time and been released from jail.   

• Required attendance to an Anger Management Classes or Batterers' Intervention Program: During your probation, you may have to attend a class like the Batterers' Intervention Program as a condition of your sentencing and eventual release. 

• Loss Parenting Privileges or Custody: One of the most heartbreaking penalties associated with crimes like this is parents losing their custody or losing their parenting time. In some cases, you may still be able to spend time with your children—but it may only be allowed under supervised visits.    

• Deported: If you are currently in the country illegally and are at risk of being deported, having a criminal conviction on your record can often disqualify you from a cancellation of removal request which means you could be sent back to your home country.   

• Restraining Order: If the victim of the crime or another family member feels they are in danger, they can take out an order of protection (commonly called a restraining order) against you which can severely limit your contact with them.  

Possible Defenses  

Many of our clients contact us wanting to know how to defend against a domestic violence charge. This will depend on the circumstances of the crime and the available evidence. Your attorney will thoroughly evaluate your case before deciding upon a defense strategy. Possible defenses could include:  

• Falsely Accused: One of the simplest and most direct defenses is claiming you were falsely accused. Unfortunately, this happens more often than most people think. Sometimes a scorned lover may accuse their ex-partner of domestic assault or abuse as a way of getting revenge on them. In other cases, a co-parent may make a false accusation in hopes of being awarded full custody of a child. 

• Self-Defense: In some circumstances, while it may be true that you did assault the other person, you weren't the one who instigated the altercation and you were only acting in self-defense.  

• Lack of Intent: Another defense is claiming that although you did injure the other person, you never intended to do so. It could have been the result of an accident that was precipitated by a domestic argument, but you never wanted or set out to hurt or abuse the other person.