Questions About Domestic Violence: Answered
If you are facing allegations of domestic violence you likely have many questions that we can help answering. Our lawyers at Brunvand, Wise & Farinella Law Group have provided defense representation to Florida clients for years. We understand the implications a domestic violence charge can have and the confusion that comes with it. Our legal team frequently hears the following questions:
Can someone make domestic violence allegations if there is only one incident?
It will depend on the gravity of the action in question. One instance of abuse may not lead to a conviction, but patterns of emotional, physical and other types of abuse may result in serious consequences.
What’s the penalty for domestic violence in Florida?
If convicted, Florida requires a minimum of five days in a county jail as punishment for domestic violence. But additional penalties may include imprisonment in a state prison. Time served and fines associated with domestic violence convictions will depend on the type and severity of the crimes.
I’m not sure I’m blameless. Can I still defend myself against allegation of domestic violence?
There are ways to defend against domestic violence charges. Contact us for a consultation so that we can go over the facts specific to your case and walk you through the possible outcomes.
Is a domestic violence charge a felony or a misdemeanor?
Every domestic violence case is different. Some domestic violence cases involving a simple assault or battery charge may be filed as misdemeanors. There are instances when domestic violence can be charged as a felony, those include (but are not limited to) when there is the use of a weapon, severe bodily harm, domestic battery by strangulation, or aggravated assault.
Will a domestic violence charge or conviction affect my ability to own or possess a firearm?
A domestic violence case can trigger immediate and long-term firearm restrictions under state and federal law. A pending charge can affect your rights because Florida suspends concealed weapon licenses during an open domestic violence case. A final domestic violence injunction also prohibits possession of any firearm or ammunition while the order remains in effect.
A conviction carries even more serious consequences. Federal law generally bars anyone convicted of a misdemeanor domestic violence offense from possessing or purchasing a firearm unless the conviction is later vacated or set aside.
Because a charge, an injunction and a conviction each trigger different restrictions, it is important to understand how every stage of a case may affect your ability to possess a firearm.
Can a domestic violence charge be dropped or dismissed in Florida?
It may be possible to have the charges dismissed, but the decision does not belong to the alleged victim. Prosecutors pursue these cases on behalf of the State of Florida, even if the accuser recants or wants the case dropped. A recantation may be considered, but prosecutors can proceed if they believe independent evidence supports the charge.
Dismissal may be possible when:
- The prosecution’s evidence is weak
- The alleged victim refuses to cooperate
- There are credibility concerns
- The facts do not meet the legal definition of the offense
In some situations, diversion programs or negotiated resolutions may also lead to dismissal. Each case turns on its unique facts, but early legal intervention may influence how prosecutors evaluate the evidence.
What is the difference between domestic battery and domestic violence?
Domestic violence is a broad legal category in Florida. It includes several offenses committed against a family or household member. Examples include assault, battery, stalking or false imprisonment when the parties share a qualifying relationship.
Domestic battery is a specific offense within that category. It occurs when a person intentionally causes bodily harm or touches (or strikes) a family or household member against their will.
A conviction for domestic battery carries mandatory penalties that may include jail time, probation, fines and long-term loss of firearm rights. It may also limit employment prospects and affect professional licensing.
Learn More Or Schedule A Free Consultation
Still have questions? We have the resources and knowledge from nearly a half century of combined experience. Call us in Clearwater for a free consultation at 813-521-8069 or send us an email today.