Domestic Violence

Jacksonville Domestic Violence Attorneys

Available 24/7 to Fight Your Domestic Violence Charges in Duval, St. Johns, Nassau, & Clay County

If you are facing domestic violence charges, it is crucial to hire an experienced attorney who can fight for your rights and protect your future. At Monroe Law, P.A., we are dedicated to helping clients defend themselves against domestic violence accusations, and we are ready to fight for you in and out of the courtroom.

Call our Jacksonville domestic violence attorneys at (904) 507-6194 or contact us online today.

Defending Against Domestic Violence Charges in Florida

Facing domestic violence charges in Florida can be a daunting experience; however, it's crucial to remember that every accused individual is entitled to a strong legal defense. Here are some key aspects of defense strategies for domestic violence charges in Florida:

1. Establishing Reasonable Doubt: One of the primary objectives of any defense is to create reasonable doubt in the prosecution's case. This can involve challenging the credibility of witnesses, disputing the evidence presented, and highlighting inconsistencies in the alleged victim's statements.

2. Self-Defense: In some cases, individuals may claim self-defense if they believe their actions were necessary to protect themselves from harm. Demonstrating that you acted in self-defense, with a genuine fear of imminent harm, can be a viable defense strategy.

3. False Accusations: False allegations of domestic violence can and do occur. Your defense attorney will work to uncover any motives, contradictions, or evidence that suggests the accusations are not credible or were made with malicious intent.

4. Lack of Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If there is insufficient evidence to support the charges against you, your defense attorney can challenge the prosecution's case and argue for a dismissal or acquittal.

5. Constitutional Violations: Any violations of your constitutional rights during the arrest, investigation, or trial can lead to the exclusion of evidence or even the dismissal of charges. This includes violations of your Fourth Amendment rights against unreasonable searches and seizures and your Fifth Amendment rights against self-incrimination.

8. Character References: Presenting character references and evidence of a history of non-violence can help counter the image of an alleged aggressor.

9. Expert Witnesses: Depending on the circumstances, expert witnesses, such as forensic psychologists or medical professionals, may provide testimony that supports your defense.

Navigating domestic violence charges requires a skilled Jacksonville defense attorney who is well-versed in both the legal aspects and the complexities of these cases. It's essential to consult with an experienced defense attorney who can assess the specifics of your situation, build a robust defense strategy, and advocate for your rights in court.

Remember that you have the right to legal representation, and exercising that right is fundamental to safeguarding your interests and seeking a fair outcome.

What is Considered a Domestic Violence Charge in Florida?

In Florida, domestic violence is legally defined as any of the following acts committed by one family or household member against another:

Assault
Aggravated assault
Battery
Aggravated battery
Sexual assault
Sexual battery
Stalking
Aggravated stalking
Kidnapping
False imprisonment
Any criminal offense that results in physical injury or death of a family or household member by another family or household member.

This can include alleged abuse between a spouse, ex-spouse, current or former live-in partner, a parent of a child in common, or anyone else related by blood or marriage. It can also include anyone who is or has been in a dating relationship with the defendant.

What If I Have Not Been Formally Charged with Domestic Violence?

Even if you are never formally charged with domestic violence, you may still face serious consequences without the help of a lawyer.

For example, if you were involved in a domestic dispute, you may have been served with a restraining order that prevents you from contacting your accuser. Being served with a restraining order is a serious and immediate problem that requires immediate attention.

What Are the Penalties for Domestic Violence in Florida?

Under Florida Statute § 741.28, the penalties for a domestic violence conviction include:

A misdemeanor of the second degree, punishable by up to 60 days in jail and a fine of up to $500
A misdemeanor of the first degree, punishable by up to 1 year in jail and a fine of up to $1,000
A felony of the third degree, punishable by up to 5 years in prison and a fine of up to $5,000
A felony of the second degree, punishable by up to 15 years in prison and a fine of up to $10,000
A felony of the first degree, punishable by up to 30 years in prison and a fine of up to $10,000

As a result of the domestic nature of the offense, individuals convicted of domestic battery will also be subject to heightened mandatory penalties as outlined in Chapter 741 of the Florida Statutes.

These additional consequences may include:

Completion of a 26-week Batterer’s Intervention Program (BIP).
Additional community service requirements.
The forfeiture of important civil liberties, including the right to carry a concealed weapon.
The issuance of an injunction or 'no-contact' order.

Can I Be Arrested for Domestic Violence If I Never Got Charged?

You may have been involved in a domestic dispute, and your accuser may have been served with a restraining order against you. A restraining order is a court order that prevents you from contacting your accuser and entering the residence or workplace where they live or work.

If you violate a restraining order, you can be arrested and charged with a crime. The crime you are charged with will depend on the circumstances of the violation. For example, if you violated the restraining order by contacting your accuser by phone, you can be charged with a misdemeanor of the first degree.

If you violated the restraining order by physically hurting your accuser, you can be charged with a felony of the third degree.

Contact our Jacksonville domestic violence lawyers today to make sure you are protected and have the best possible defense on your side, no matter the details surrounding your situation.

Continue Reading Read Less

Tell Us What Happened

Let us know your side of the story. We'll explain your options.

What Sets Us Apart From The Rest?

Monroe Law, P.A. is here to help you get the results you need with an award-winning team you can trust.

Boutique Defense Strategies
We tailor custom defense strategies for each client's unique situation.
Former Prosecutor on Your Team
We have experience on both sides of the courtroom.
24/7 Help Available
Don't hesitate! Give us a call whenever you need legal help.
Free Consultations
Get started on your award-winning defense with a free consultation today.

I would like to thank Scott Monroe for everything he has done for me. I had a high profile case and he knew exactly what to do!

- Jarvis B.
Knowing Attorney Scott Monroe, I expected excellence. Scott and his staff exceeded expectations. When some interaction comes up, it is extremely helpful to have people like Scott and his firm on your side. I couldn’t recommend him highly enough!

- Gerry K.
Scott Monroe is top notch. From the minute I spoke to to him, everything gained clarity and was explained in detail. I would recommend Monroe Law Firm for anyone needing legal expertise. Thank you for assisting me with my needs!

- Eric M.
Scott Monroe is the best criminal defense attorney in Jacksonville, Florida. There were many difficult times throughout the process, in view of the serious accusations, but Scott and his team never quit!

- Ben S.

View All

Contact Us for Your Free Consultation

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy