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Orlando Domestic Violence Attorney

Domestic Violence is defined by Florida Statute 741.28 as 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. The battery will likely be prosecuted by a special domestic violence unit. 

Penalties

Under Florida Statute 741.281, anyone convicted of domestic violence must complete the Batterer’s Intervention Program. They will also complete one year of probation, and any other penalties ordered by the judge.

If someone is convicted of domestic violence involving intentional bodily harm to another person, the court will order the person to serve a minimum of 10 days in the county jail for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense, unless the court sentences the person to a non-suspended period of incarceration in a state correctional facility, according to Florida Statute 741.283.

Batterer’s Intervention Program

In Florida, the Batterer’s Intervention Program is a six-month program. It addresses the root causes of domestic violence and works to prevent the participants from committing acts of violence again. The court will provide a list of programs the respondent can participate in.

Injunction for Protection

If you believe you are a victim of domestic violence or could become one, you can ask the court for an order of protection. If the judge believes there is an immediate and present danger of domestic abuse, the judge can order a temporary injunction against the abuser until a final hearing is held.

Penalties for Violating an Injunction

According to Florida Statute 741.31, it is a first-degree misdemeanor, punishable by up to one year in jail, to violate an injunction. Violations include:

  • Refusing to vacate the dwelling that the parties share;
  • Going to, or being within 500 feet of, the petitioner’s residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;
  • Committing an act of domestic violence against the petitioner;
  • Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
  • Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly unless the injunction specifically allows indirect contact through a third party;
  • Knowingly and intentionally coming within 100 feet of the petitioner’s motor vehicle, whether or not that vehicle is occupied;
  • Defacing or destroying the petitioner’s personal property, including the petitioner’s motor vehicle; or
  • Refusing to surrender firearms or ammunition if ordered to do so by the court.

If you or someone you know is charged with domestic violence, contact Attorney Brandon Gans today for a free consultation.

They took their time to listen and were able to help me in my case.  I highly recommend them!

- J Smith

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Gans Law offers a variety of services that range from criminal defense to suspended licenses. Here at Gans Law, we understand that sometimes good people find themselves dealing with complex legal matters.

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