Domestic Violence in Orlando, FL

Domestic Violence

Domestic violence, as a legal term, typically refers to crimes committed against a family or household member. However, the exact definition, as well as what qualifies for a domestic violence charge, varies from state to state. 

In Orlando, Florida, domestic violence is defined by Florida Statute 741.28 to be 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.”

Basically, this means that any crime a person commits against someone else in their household or family, assuming that crime results in physical harm up to and including death, can be considered domestic violence. 

Who Can Commit Domestic Violence?

It’s a common misconception that domestic violence can only occur between a husband and wife, or between two romantic partners that live together. But across most of the United States, the definition of domestic violence extends to pretty much any individuals that live together at the time of the incident. 

Florida Statute 741.28 describes the parties in domestic violence situations as family or household members, and outlines that to include “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.”

This statute goes on to say that, regardless of the label or relationship between the parties, they must live in the same single-dwelling unit, or at the very least have lived in the same single-dwelling unit in the past. The only exception to this rule is when two people have a child together, in which case, one parent may commit domestic violence against another regardless of living situation.

How Is Domestic Violence Handled in Orlando, Florida?

In the past, domestic violence charges would only be pursued at the behest of the alleged victim. That is to say, law enforcement agents and prosecuting attorneys would only attempt to secure charges against the defendant if the alleged victim wanted them to. 

However, with a wealth of new research studies providing insight into the inner workings of domestic violence and the psychology of domestic violence survivors, the way these kinds of cases are handled has changed. Nowadays, most believe that unchecked domestic violence will inevitably escalate until it leads to serious injury or even death.

In fact, studies suggest that failing to arrest a domestic abuser can incite further injury to the victim. For example, say a law enforcement officer is called to a scene for domestic violence by a neighbor. The officer finds little physical evidence of the abuse, and the victim is either too afraid or has been threatened, and tells the officer that nothing is wrong. Once the officer leaves, the domestic abuser takes out their anger and frustration on their partner. 

For this reason, law enforcement officers are more likely to make an arrest on the scene, even with little to no physical evidence present. This does, obviously, lead to a lot of false arrests. However, while a false arrest only involves the inconvenience of a trip ‘downtown’ and lots of paperwork, a failure to arrest could result in someone’s death.

What Are the Consequences of Domestic Violence? 

The consequences of domestic violence can be severe, both legally and personally. The exact sentence for any given domestic violence charge will relate to the regular sentence for the specific crime committed, with additional penalties added due to the domestic violence classification:

• Mandatory jail sentence if convicted
• Participation in 26 weeks of domestic violence classes
• Ineligibility for sealing or expungement of the record
• Loss of the right to own a firearm
• Loss of concealed weapons permit(s)
• Greater exposure to a domestic violence injunction
• Deportation

Domestic violence accusations, even false ones, can also have a devastating effect on your personal life. Friends and family may look at you or treat you differently, which can in turn impact how you live your life. 

Are False Accusations of Domestic Violence Common? 

Unfortunately, a not-insignificant amount of domestic violence claims are false or exaggerated. There are many reasons why a loved one might accuse their partner or family member of domestic violence. This list is by no means exhaustive, but some situations that may lead to false domestic violence accusations include:

• Alcohol and/or substance abuse
• Infidelity
• Separation or divorce; especially where child custody might be involved
• In an effort to retain a domestic violence injunction
• Pure spite or vindictiveness

For example, a spouse in the process of getting divorced may claim domestic violence against their partner in order to gain sympathy and leverage in court, or to have a better chance of gaining custody of their children. 

How to Defend Against Domestic Violence Charges

Domestic violence cases are highly individualized to the circumstances surrounding the incident or incidents. Because of this, it’s important to take a personalized approach to defense. 

One of the most important steps in any defense is to ensure the prosecuting attorney hears your side of the story, too. That’s why it’s vital to hire a domestic violence defense attorney as soon as possible. At Hanlon Law, we’ll start advocating for you immediately. The best chances of getting the charges dropped lie in convincing the prosecutor that they don’t have a solid enough case to secure a conviction. 

There are a variety of ways in which your defense attorney might go about this, as well as a variety of defense strategies he or she might suggest for your case: 

• The alleged victim is lying or misconstruing events for personal gain.
• The incident in question does not actually constitute domestic violence.
• There is insufficient evidence to support the alleged victim’s claims.

Domestic Violence Attorneys in Orlando, Florida

If you’ve been accused of committing domestic violence, all hope is not lost. At Halon Law, we’ll leverage nearly two decades of experience to your benefit and help you assemble the best possible defense. Contact us today.

Contact Us

Call Today

407.987.3836

Practice Areas

Sex Offenses

Federal Sex Crimes

Florida Sex Crimes

Drug Charges

Violent Crimes

• Aggravated Assault
• Domestic Violence
• Gun Crimes