Law Office of A. Antonio Tomas, P.A.
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Domestic Violence Defense

Law enforcement now responds much differently to domestic abuse than was the case in earlier times. A number of decades ago law makers and the entire legal system began to shift to a much more enlightened approach regarding domestic violence and establishing protections for victims of domestic abuse. Domestic violence is considered a violent crime with substantial penalties. Assault, sexual assault, false imprisonment, battery, harassment, kidnapping, stalking and other violent offenses are categorized as domestic violence when a domestic relationship exists or did exist between the accused and the alleged victim such as husband and wife, ex-spouse, relative, housemate, or domestic partner. Depending upon the circumstances police may be required to make an arrest during a domestic call.

Penalties: Domestic Violence

Domestic relationships can become very strained. Arguments can escalate into highly charged disputes. Sometimes there is evidence of violence. In some cases, one of the parties in a dispute will say threats were made or violence was committed when there is no evidence. Even in the absence of any evidence police may be required to make an arrest. Whether the prosecutor will file charges or not depends solely on whether there is enough to get a conviction. Consequences of a conviction can include:

  • House arrest
  • Community service
  • Alcohol and drug treatment and other counseling
  • House arrest
  • Probation
  • Jail or prison time (depending upon your history)
  • Fines and court costs
  • 'No contact" or "No return" order to keep you away from the victim or your home
  • Social and professional consequences

This is not a situation to be taken lightly. The sooner you get professional legal assistance the more opportunity there is to improve the outcome of your case. A respected domestic violence lawyer can take fast action concerning getting the charges reduced or preventing any charge from being filed. For more information, please see Florida Statute §741.28 (2011) regarding domestic violence.

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