Florida’s definition of domestic violence is broad. Residents may be brought up on charges of
domestic violence if they’re accused of aggravated battery, sexual assault, stalking, or
behavior resulting in the untimely passing or injury of a resident of a shared household.
With that being said, not all domestic violence charges are issued in good faith. If you find
yourself contending with domestic violence charges that you believe to be unjust, you can
stand up against them. The Law Office of Robert H. Hanaford’s domestic violence defense
lawyers can represent you in criminal court and work to mitigate any untoward charges.
To understand domestic violence charges in Florida, residents should consider
Florida Statute §741.28(2). This statute outlines the behaviors that constitute
domestic violence in Florida and, in turn, which parties can press charges
against an alleged offender.
This domestic violence statute protects more than a person’s spouse from
excessive household violence. Any person related to an alleged offender by blood
or marriage may bring domestic violence charges against that offender. Former
spouses, too, benefit from the protections issued in this statute.
The good news is that this means certain parties may attempt to bring domestic
violence charges against you and find themselves unable to within the letter of
the law. If you live with or previously lived with an accuser, however, they can
proceed with their case with the aid of the Florida Department of Law
As mentioned, the definition of “domestic violence” is deliberately broad in an
attempt to protect Florida residents from harm. Specifically, the definition of
domestic violence allows law enforcement to charge an alleged offender when
someone accuses them of:
Assault or aggravated assault
Battery or aggravated battery
Sexual assault and/or battery
False imprisonment or restraint
The specifics of the charges brought against you may change the consequences you
face when your case goes to court. You can work with a Naples domestic violence
criminal defense attorney to better understand the specificities of your case
and how to address them.
If you face domestic violence charges, you may incur misdemeanor or felony
consequences for your alleged behavior. The specifics of the consequences you
face will vary depending on the severity of the accusations brought against you.
For example, a domestic violence case addressing assault may constitute a
second-degree misdemeanor, resulting in up to 60 days in jail and fines of up to
$500 upon a conviction. Comparatively, aggravated assault cases jump up to
third-degree felony charges, putting you at risk for up to five years in jail
and fines of up to $5,000.
Florida Statutes Chapter 784 details each of the facets of domestic violence,
along with the complexities of assault charges and their related consequences.
If you’re unsure of what to expect from the domestic violence charges leveled
against you, a Naples domestic violence criminal defense lawyer can help assess
the nature of your case.
As mentioned, there are several malicious reasons someone may issue domestic
violence charges against an innocent party. In the face of seemingly unfounded
domestic violence charges, you have the right to plead not guilty and bring
evidence of your innocence forward in criminal court.
Common arguments against domestic violence charges in Florida can include:
The initial charges were maliciously issued
The behavior categorized as violence occurred accidentally
You engaged in violent behavior out of self-defense
You can work with our team to determine what argument against your domestic
violence charges best suits your case.
Note that if you accept a plea bargain, plead “guilty,” or plead “no contest” to
the domestic violence charges brought against you, you cannot have the charges
sealed or expunged. The only way to prevent these charges from going on your
record after they’ve been issued is to be found not guilty by the state.
While you cannot remove a domestic violence conviction from your criminal record,
you can take action against domestic violence injunctions.
Victims of domestic violence have the right to file injunctions against alleged
offenders in Florida. These injunctions offer victims protection from parties
that have been accused of domestic violence, sexual violence, or stalking.
Parties accused of domestic violence injunctions have the opportunity to appeal
these injunctions if they were falsely issued or if they have expired. You can
discuss the means through which you can appeal these injunctions with a domestic
violence criminal defense attorney in Naples.
We Challenge Domestic Violence Charges in Criminal
Domestic violence charges deserve to be taken seriously. However, that doesn’t
mean that these charges can’t be leveled against innocent victims out of
malicious intent. If you believe you’ve been wrongly charged with domestic
violence, you can work with the Law Office of Robert H. Hanaford to argue your
You can learn more about our defense services by calling our office at (239) 351-1904. You can also fill out our online Contact form. The Law
Office of Robert H. Hanaford is ready to stand with you every step of the way
during the legal process.
Hanaford Law Offices is a criminal defense attorney providing
high-quality legal services in Florida across Naples SW Florida and Chicago Illinois.