fbpx

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

message us

Firm Overview

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.

Learn More

Case Results

Our Reviews

Serving all of central Florida

Orange

Orange County, FL

Osceola

Orange County, FL

Seminole

Orange County, FL

Volusia

Orange County, FL

Hillsborough

Orange County, FL

What are the benefits of having your record expunged?

If you have ever been arrested in Florida, whether or not the charges were dropped or a jury found you “Not Guilty,” your arrest is still public record. To prevent anyone from viewing your criminal record, you would want to look into having it sealed or expunged.  Not...

Real Life Criminal Court vs. TV Court

The courtroom dramas you see on television are fictionalized versions of what actually happens in real-life criminal court. On TV, it seems as if every criminal case goes to a trial and the defense and prosecution have to present their cases in front of a jury....

Orlando Street Racing Attorney

In Florida, street racing occurs when the driver competitively drives a vehicle in a speeding contest. Florida Statute 316.191 outlines the four aspects of racing in Florida: Speed or acceleration contest - driving any vehicle (including motorcycles) in any race,...

Can Florida Toll Violations Lead to a License Suspension?

In Florida, drivers are accustomed to the many toll roads across the state. With the advancements in technology, drivers can now use their E-Pass or SunPass to quickly pass through the toll booths. However, as with all technology, complications can arise, such as not...

Why Should I Hire a DUI Attorney?

If you get caught driving under the influence, you will be charged with a criminal case and will have to appear in court. This is something you can try and fight on your own, however, it is not recommended. Driving Under the Influence cases are very serious and the...

What is an SR-22 Document & Do I Need It?

There is a common misconception that SR-22 is insurance coverage. An SR-22 (“Safety Responsibility”) document is required when a driver is seeking to reinstate their license after it has been suspended for any reason, including a DUI conviction or reckless driving....

Top Halloween Crimes Committed in Florida

When you think about Halloween, you may think of the costumes, trick-or-treating and scary movies. However, you may not realize that Halloween is a popular night for alcohol-related crimes, especially underage drinking, as well as vandalism and theft.  Alcohol-Related...

Florida Voting Rights for Felons

In 1868, immediately following the conclusion of the U.S. Civil War and the end of slavery in the south, the State of Florida passed an Amendment to the Florida Constitution prohibiting convicted felons from voting. Convicted felons in this State have been, and...

Tips for Avoiding a St. Patrick’s Day DUI in Florida

Did you know St. Patrick’s Day is the fourth most popular drinking holiday? According to Traffic Safety Marketing, drunk driving accounts for nearly one-third of vehicle-related fatalities in the United States. In 2019, 57 people nationwide were killed in...

License Suspension for Failure to Pay Child Support

Did you know that if you fail to pay child support, your driver’s license can be suspended? If you are 15 days past due in paying child support or fail to comply with a subpoena or order to appear, your license will be suspended.  According to Florida Statute 322.058,...

News & Posts

FAQs

Trivia

Orlando, FL

(407) 500-4267

132 E. Colonial Dr, Suite 200
Orlando, FL 32801

Hours: 9:00am-6:00pm

Tampa, FL

(407) 500-4267

8200 Bryan Dairy Road Suite 340
Largo, FL 33777

Hours: By Appointment Only

407-500-4267

Send Us a Message!

More Contact Info