Orlando Domestic Violence Lawyer
Domestic Violence Defense Lawyer in Orlando, Florida
Have you been accused of domestic violence in Orlando? Any act of domestic violence is a serious offense that must be taken seriously. Domestic violence can be committed against anyone with whom you share a close relationship, including spouses, children, parents, siblings, roommates/housemates, and current or former dating partners.
If you have been accused of committing domestic violence, you need an assertive Orlando domestic violence attorney on your side as soon as possible. Because of the negative social stigma and media attention surrounding crimes of domestic violence, these charges can be difficult to fight. Prosecutors will not go easy on you.
At the Law Offices of Jose E. Lopez, P.A., we can build an effective case to protect your rights and your future.
Call us at (407) 410-3173 or contact us online to request a free initial consultation today.
What Constitutes Domestic Violence in Florida?
If the police are called for a domestic violence disturbance, they will almost always make an arrest – even if the alleged victim does not wish to press charges. Domestic violence is defined as the inflicting or threatening physical, sexual, emotional, or financial abuse against a family member. Following an arrest, the state will have to decide whether to file formal charges.
Examples of domestic violence in Florida include:
- Assault
- Sex crimes
- Stalking
- Kidnapping
- False imprisonment
- Violent offenses that result in injury or death
A seasoned Orlando domestic violence lawyer will assess not only the nature of the alleged offense but also the relationship between the parties, the evidence available, and the history (or lack thereof) of violence in the household.
The law defines “family or household member” to include:
- Spouses and former spouses
- Individuals related by blood or marriage
- People who currently reside or previously resided together
- Parents of a shared child, regardless of marriage
What are the Immediate Consequences of a Domestic Violence Arrest?
Florida law mandates a mandatory arrest policy for domestic violence allegations. That means law enforcement officers are required to make an arrest if they believe there’s probable cause—even without physical evidence of injury. As a result, many people are taken into custody based solely on one person’s statement.
Once arrested, the accused may be subject to the following:
- No-contact orders: Courts often issue temporary injunctions that prohibit contact with the alleged victim, even if you live together or share children.
- Detention without bond: In some cases, individuals are held until they appear before a judge at first appearance.
- Removal from your home: Being forced to leave your residence can complicate child custody, financial stability, and access to property.
An experienced Orlando domestic violence attorney can advocate for release conditions, argue for limited or modified contact if appropriate, and challenge the imposition of unfair or overly restrictive protective orders.
What are the Penalties for Domestic Violence in Florida?
Domestic violence charges can range from misdemeanors to serious felonies, depending on the allegations and whether weapons, injuries, or prior convictions are involved.
Misdemeanor Domestic Violence Battery (Florida Statute § 784.03):
- Up to 1 year in jail
- Up to $1,000 in fines
- Mandatory completion of a Batterers' Intervention Program
- Mandatory 5 days in jail if bodily harm occurred
Aggravated Battery (involving serious injury or weapon):
- Second-degree felony
- Up to 15 years in prison
- Up to $10,000 in fines
Aggravated Stalking:
- Third-degree felony
- Up to 5 years in prison
A permanent criminal record and the loss of civil rights, such as owning firearms, are additional penalties associated with domestic violence convictions. We can work to prevent these life-altering consequences.
What are Potential Legal Defenses Against Domestic Violence Charges?
Domestic violence charges often arise in emotionally charged situations, and false accusations are more common than many realize—especially during divorces or custody disputes. A strong legal defense can make a significant difference, potentially leading to reduced charges, dismissal, or an acquittal.
Common defense strategies include proving the allegations are false, showing there is insufficient evidence, or arguing self-defense or mutual combat. If law enforcement violated your constitutional rights, any evidence obtained unlawfully could be thrown out. An experienced Orlando domestic violence lawyer will analyze every angle of your case to build the strongest possible defense.
Contact an Orlando Domestic Violence Defense Lawyer Near Me
At the Law Offices of Jose E. Lopez, P.A., we recognize how devastating these penalties could be. Whether your situation was a misunderstanding or you were falsely accused, we know how to fight for your rights and interests. Our Orlando domestic violence lawyer can build a strong case on your behalf.
When you work with an experienced Orlando domestic violence attorney from our firm, you can expect:
- Prompt and honest communication
- Careful review of the evidence and witness credibility
- Vigorous protection of your constitutional rights
- A focus on minimizing or avoiding jail time, fines, and collateral consequences
- Zealous representation in both criminal and civil court proceedings
You don’t have to navigate this challenging situation alone. Our legal team will stand by your side and fight for the best possible outcome.
Give us a call at (407) 410-3173 or reach out online to get started on your case.
Frequently Asked Questions
What Should I Do Immediately After an Arrest in Orlando?
The first thing you should do after being arrested on domestic violence charges is to contact a knowledgeable attorney, such as The Law Offices of Jose E. Lopez, P.A. They can guide you on the next best steps and what to expect from the legal process. It’s important to remain calm and refrain from making statements to the police without an attorney present. Anything you say can be used against you, so it's crucial to have legal representation to protect your rights and help navigate the complexity of the situation. Understanding your rights and the charges is fundamental in mounting a solid defense.
How Does a No-Contact Order Work in Florida?
A no-contact order can be issued after a domestic violence arrest which prohibits the accused from having any communication with the alleged victim. This includes personal, written, electronic, or third-person contact, often immediately impacting living arrangements and familial interactions. It's a serious legal order, and any violation could lead to further charges. Understanding the specifics and potential repercussions of such an order under Florida law is crucial, thus consulting with a legal professional about how it fits into your case is essential. Law Offices of Jose E. Lopez, P.A. can assist in understanding and complying with these orders, with a focus on protecting client rights throughout the process.
What are My Options If I’m Falsely Accused?
Being falsely accused of domestic violence in Orlando can turn your life upside down, but you have options. Gathering evidence promptly, including witness statements, text messages, or any other supporting materials, can be crucial. Consulting an Orlando domestic violence lawyer to immediately evaluate your situation and develop a strategic response is essential. A skilled attorney can highlight inconsistencies in the accusation and present alternate narratives, aiming to dismantle the prosecution's case. At Law Offices of Jose E. Lopez, P.A., we work diligently to uncover the truth and advocate for the innocence of clients, focused on securing justice and restoring reputations.
How Long Does the Legal Process Usually Take?
The legal process for domestic violence cases in Orlando can vary significantly based on the complexity of the case and the court's schedule. Generally, from arrest to resolution, it can take several months. This period can be prolonged if substantial evidence needs to be gathered or if the case goes to trial. It’s essential to remain patient and proactive, continually working closely with your attorney to manage the process effectively. Law Offices of Jose E. Lopez, P.A. provides clients with regular updates, thorough evaluations of any developments, and consistent advice, helping to manage expectations and strategize effectively to navigate through the legal journey.
What Impact Can a Conviction Have on My Future?
A conviction for domestic violence charges in Orlando can have long-standing consequences beyond legal penalties. It can affect employment prospects, housing opportunities, and result in personal and professional stigma. Rehabilitation and mandatory programs might also be required, which can impact time commitments and personal freedom. To minimize these impacts, it’s critical to engage with a knowledgeable legal team capable of navigating the complexities of your case and advocating effectively on your behalf. At Law Offices of Jose E. Lopez, P.A., we prioritize your future and work vigorously to achieve outcomes that enable you to move forward with the least possible disruption.
