Do You Need A Domestic Violence Defense Lawyer In Fort Lauderdale Florida?
Were You Accused of Domestic Violence?
Fort Lauderdale Domestic Violence Defense Lawyer: Boca Raton, Coconut Creek, Cooper city, Dania Beach, Davie, Deerfield beach, Hollywood, Lauderdale Lakes, Lauderhill, Margate, North Lauderdale, Oakland park, Plantation, Pompano Beach, Tamarac, Wilton Manors.
Get A Local Domestic Violence Defense Lawyer
Broward County Crime Defense Lawyer For Domestic Battery
320 SE 9th St, Fort Lauderdale, FL 33316
Domestic Violence Charges Can Harm Your Reputation and Your Chances Of Seeing Your Child.
Florida domestic violence charges are defined in statute 741.28 and 741.28-741.31
According to Florida law “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. A Ft Lauderdale court may have placed a restraining order on you as well.
What are Domestic Violence Charges In Ft Lauderdale?
- Assault and aggravated assault,
- Aggravated battery,
- Sexual assault
- Sexual battery,
- Aggravated stalking,
Florida law also allows for criminal charges a current or former romantic, intimate, or sexual relationship.
A Ft Lauderdale Court May Have Issued An Injunction Against You
Local courts and judges will issue injunctions to individuals who can prove you are an immediate danger.
What are The Penalties For Proven Domestic Violence Charges?
Broward County domestic violence laws have a minimum of five days served in county or jail time in Florida state prison, probation or community service.
Additional Charges May Include:
- Assault and battery charges
- Second degree misdemeanor charges
- Aggravated assault charges
- Third degree felony.
- Battery, a first degree misdemeanor
What AM I looking At ?
Misdemeanor sentences can be a minimum of sixty days to one year.
A third degree felony conviction casn mean jail time up to five years.
A domestic violence second degree felony can mean prison for up to fifteen years.
Florida Domestic Violence Laws
[Battery/Domestic Violence] 784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.–s. 5, Feb. 10, 1832; RS 2400; GS 3226; RGS 5059; CGL 7161; s. 1, ch. 70-88; s. 729, ch 71-136; s. 17, ch. 74-383; s. 7, ch. 75-298; s. 171, ch. 91-224.
Note.–Former s. 784.02.
784.03 Battery; felony battery.—
(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.
(b) Except as provided in subsection (2), a person who commits battery commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
History.–s. 5, Feb. 10, 1832; RS 2401; s. 1, ch. 5135, 1903; GS 3227; RGS 5060; CGL 7162; s. 2, ch. 70-88; s. 730, ch. 71-136; s. 19, ch. 74-383; s. 9, ch. 75-298; s. 172, ch. 91-224; s. 5, ch. 96-392; s. 4, ch. 2001-50.
784.047 Penalties for violating protective injunction against violators.–A person who willfully violates an injunction for protection against repeat violence, sexual violence, or dating violence, issued pursuant to s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315 by:
(1) Refusing to vacate the dwelling that the parties share;
(2) Going to the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;
(3) Committing an act of repeat violence, sexual violence, or dating violence against the petitioner;
(4) Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner; or
(5) Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.–s. 7, ch. 95-195; s. 9, ch. 97-155; s. 22, ch. 2002-55; s. 2, ch. 2004-17.
784.048 Stalking; definitions; penalties.—
(1) As used in this section, the term:
(a) “Harass” means to engage in a course of conduct directed at a specific person that causes substantial emotional distress in such person and serves no legitimate purpose.
(b) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.” Such constitutionally protected activity includes picketing or other organized protests.
(c) “Credible threat” means a threat made with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety. The threat must be against the life of, or a threat to cause bodily injury to, a person.
(d) “Cyberstalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose.
(2) Any person who willfully, maliciously, and repeatedly follows,
harasses, or cyberstalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person, and makes a credible threat with the intent to place that person in reasonable fear of death or bodily injury of the person, or the person’s child, sibling, spouse, parent, or dependent, commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who, after an injunction for protection against repeat violence, sexual violence, or dating violence pursuant to s. 784.046, or an injunction for protection against domestic violence pursuant to s. 741.30, or after any other court-imposed prohibition of conduct toward the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Any person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a minor under 16 years of age commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Any law enforcement officer may arrest, without a warrant, any person he or she has probable cause to believe has violated the provisions of this section.
(7) Any person who, after having been sentenced for a violation of s. 794.011 or s. 800.04, and prohibited from contacting the victim of the offense under s. 921.244, willfully, maliciously, and repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(8) The punishment imposed under this section shall run consecutive to any former sentence imposed for a conviction for any offense under s. 794.011 or s. 800.04.
History.–s. 1, ch. 92-208; s. 29, ch. 94-134; s. 29, ch. 94-135; s. 2, ch. 97-27; s. 23, ch. 2002-55; s. 1, ch. 2003-23; s. 3, ch. 2004-17; s. 3, ch. 2004-256.
If an injunction or restraining order has been placed against you and you have violated the order you will be charged with a a first degree misdemeanor with a possible senctence of up to one year. You will need an experienced local domestic violence defense lawyer to represent you. I have over a decade of experience in the Broward County criminal court system.