Domestic Violence

Florida Law has created a special classification for batteries which are committed by family members against one another. This special classification creates additional mandatory penalties which may be imposed by the Court upon conviction. In the case of "domestic violence battery", law enforcement will oftentimes arrest an individual and charge them with domestic violence notwithstanding the victim's desire that the prosecution not go forward. This may be in large part because of law enforcement's belief that a victim of domestic violence may be incapable or unwilling to press charges for fear of retaliation. Consequently, an important part of the handling of a domestic violence case requires that the victim's desires regarding prosecution be made well known to the State. In cases of domestic violence, the Judge may (and generally will) impose restrictions upon a person charged before permitting their release from jail. These may include, but are not limited to, no return to the family home, no direct or indirect contact with the family members, and/or the imposition of home confinement and electronic monitoring by the Department of Corrections.

Civil Injunctions:
A person who feels that they are a victim of domestic violence, may obtain an injunction from the court upon a showing that he/she is in reasonable fear of imminent physical violence or threat of physical violence by another. Such an injunction is civil in nature and yet may have criminal implications. A Petitioner is the person who seeks the injunction. A Respondent is one against whom an injunction is sought. An injunction will generally be issued upon the showing to a civil judge that there is a great likelihood of continuing physical harm or threat of physical harm. The typical domestic violence injunction requires that the Respondent have no contact, directly or indirectly, with the Petitioner.

Upon allegations that the Respondent has violated the injunction, the Respondent may be charged criminally. As in all cases, the State would have the affirmative burden to prove beyond all reasonable doubt that both an injunction against domestic or repeat violence was in place against the Respondent and that the Respondent willfully violated the terms or conditions of the injunction. In extreme cases of direct violation of the injunction and/or a continuing pattern of violations, the State may charge the Respondent with the felony of Aggravated Stalking. Aggravated Stalking is a felony.

The Law Office Of Andrew L. Cameron will represent you in your Domestic Violence case, contact us today to find out how!