Jacksonville Domestic Violence Attorneys
24/7 Legal Support for Domestic Violence Cases 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
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.
Key Defense Tactics for Domestic Violence Allegations
- 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.
- Asserting 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.
- Exposing 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.
- Challenging Insufficient 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.
- Addressing 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.
- Utilizing Character References: Presenting character references and evidence of a history of non-violence can help counter the image of an alleged aggressor.
- Leveraging 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 criminal 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.
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 StrategiesWe tailor custom defense strategies for each client's unique situation.
-
Former Prosecutor on Your TeamWe have experience on both sides of the courtroom.
-
24/7 Help AvailableDon't hesitate! Give us a call whenever you need legal help.
-
Free ConsultationsGet started on your award-winning defense with a free consultation today.
-
Attorney D. Scott Monroe is one of the best lawyers. He fights day and night for his clients, and he is just a phone call away. Mr. Monroe has a great & devoted team working with him and they are awesome. I recommend this law firm.- Nativita A.
-
Scott Monroe had a very detailed & methodical way to evaluate the case findings and build a tailored defense strategy accordingly. I am very pleased with the outcome of the case and strongly recommend Mr. Monroe's services for any of the legal need.- Girish Y.
-
Mr. Monroe was incredibly responsive and took time to explain every step of the process with me. He always returned my calls. His unique work history allowed him to attack my case from all angles.- Lindsey S.
-
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.