All Florida Domestic Violence attorneys must know Florida's Assault & Battery law as codified in Florida Statute 784, in addition to the Domestic Violence statute. Domestic Violence is a specialized form of assault or battery, and may be charged as a misdemeanor or a felony. The penalties are enhanced, and the consequences are far more serious. For example, under federal law, when a person is sentenced to any sentence - even without being convicted - that person is unable to own or possess a firearm or work in certain occupations.
Since most assault or battery cases arise outside of the presence of a law enforcement officer, they are one of the most seriously abused criminal laws, especially in domestic cases. False allegations of domestic violence in Florida are at epidemic proportions because couples having problems will often a) call the police "to calm things down" or, b) lie to the responding officers. These laws are very politicized and are prosecuted vigorously.
To Get a No Contact Provision lifted it is necessary to get a court order lifting the 'No Contact' condition of bail bond. Usually, this is done by asking the court to replace the 'No Contact' provision with a 'No Violent Contact' Provision. This may be done by a motion or by agreement with the State for what is called a 'Stipulated Order' changing bond conditions.
What are the Penalties? Domestic Violence is a specialized form of assault or battery, and may be charged as a misdemeanor or a felony. The penalties are enhanced, and the consequences are far more serious. Incarceration may be for up to one (1) year in a misdemeanor case and up to life in a felony case for certain types of Domestic Violence, such as Lewd or Lascivious Molestation of a minor family member.
Besides Jail or Prison Time, What are the Consequences? For example, under federal law, when a person is sentenced to any sentence - even without being convicted - that person is unable to own or possess a firearm or work in certain occupations. This is damaging to many specialized career fields, especially to those such as military service members.
If My Partner Goes in and Explains What Happened, Won't the State Drop Charges? No. The "Victim Advocate" or court order domestic violence counselor will try to talk you partner out of recanting. Over the years, there have been many instances of "victims" being told that while perjury is a felony, if the "victim" recants, then they will be immediately arrested for filing a false police report.
When law enforcement officers are called on in response to a case involving Florida domestic violence assault or Florida domestic violence battery (or the aggravated variants), the officers must follow Florida law regarding a "primary" aggressor and the "primary aggressor" is going to jail and will be held until First Appearance. In the case of a lie, the result is rather predictable. In the case of "calm things down" scenario, both parties are separated and usually, only part of the story is told. For example, one party will refuse to tell the officers anything, but the other one may tell about being slapped - leaving out the part that they hit their partner first. As result, the wrong person is determined as the "primary aggressor" and charged with domestic violence assault or domestic violence battery.
An injunction is a civil proceeding in which a person seeks to have a court order for protection. The injunction procedure in Florida is complex and happens quickly. Therefore, if you are defending an injunction you likely need an attorney and you need one quickly. An attorney can get extensions of time to prepare for the final hearing, can take depositions and obtain witnesses who are favorable to you. Additionally, an experienced injunction defense attorney can discredit witnesses, find inconsistencies in stories, and thoroughly cross-examine witnesses. Dylan M. Snyder, P.A. can help you to either apply for an injunction for protection or to defend againt an injunction.
If a final injunction for protection is granted against you in Florida, serious consequences can result including the following:
1. It will show up on your criminal record background check. Despite the fact that an injunction is a civil proceeding, it will be on your background check and can be seen by potential employers, landlords, scholarships, or an organization, including youth sports leagues that run you for a criminal record.
2. The injunction is enforceable nationwide.
3. You will not be able to buy a firearm or weapon, and you would be required to surrender any firearms or weapons you own.
4. The court can compel you to move from your house if you live with the person who is seeking the injunction.
5. You may be prevented from having unsupervised visitation or in some cases any contact with your children.
6. If the petitioner is a co-worker you could lose your job or be forced to get another job.
7. The court may on its own award child support without a full hearing on the matter, and that child support order can become permanent.
8. Further contact after the injunction is entered can result in arrest for offenses ranging from violation of a protective order, stalking, and perhaps even aggravated stalking.
9. If you have a professional license, you may be required to report the entry of the injunction and you may face discipline depending on the allegations of the petition.
10. If you are a member of the military you can be confined to quarters while not on duty, be kicked out of military housing, or if the person who gets the protective or want to become
11. If you are not a citizen of the United States, you could be deported or prevented from getting citizenship.
The effects of an injunction being entered against you go far beyond simply not being able to be near the person who filed the petition. An Injunction can change your ability to see or have relationships with your spouse, boyfriend/girlfriend, children, family, friends, and neighbors. Unlike in a criminal proceeding, you do not have a right to have an attorney in an injunction proceeding. However, representing yourself puts you at a huge disadvantage, while being the only one with a lawyer may tilt the balance of power in your favor.