Domestic Violence Defense Attorney in Ocala, Florida

Facing domestic violence charges is a serious issue that can have a lasting impact on your life. A conviction can lead to harsh punishment, which includes but is not limited to jail time, not to mention that you could be prevented from living in a family home and seeing your kids while your case is pending.  

Anyone charged with domestic violence needs an experienced attorney for legal representation and to fight for the most favorable outcome possible. Our domestic violence defense attorneys at Defend Ocala develop a strategic and comprehensive approach to helping defendants fight against charges while protecting their freedom, reputation, and future. From our office in Ocala, Florida, we serve individuals facing criminal charges throughout Lake and Marion Counties, including Eustis, Clermont, Tavares, and Leesburg.  

Domestic Violence in Florida

Domestic violence is not a separate offense under Florida law. Instead, state law treats domestic violence as different types of illegal actions involving family or household members. Domestic violence charges apply when a person commits certain crimes against a member of their family or household. These crimes include causing bodily injury or death (battery or assault), stalking, loss of freedom (false imprisonment, kidnapping), as well as threats of bodily injury.  

Florida’s domestic violence laws cover not just married couples, but also: 

• former spouses 

• current and former partners  

• parents and other family members related by marriage/blood 

• parents who share children 

• individuals living together as a family 

Florida courts treat domestic violence cases very seriously, which is why you might want to contact a domestic violence defense attorney in Ocala, Florida, if you are facing these charges.  

Possible Consequences and Penalties 

There are many possible penalties and consequences associated with domestic violence crimes in Florida. These include:  

• Jail/prison time. Florida law requires that anyone convicted of a domestic violence offense must serve at least 10 days in jail if that is their first-time offense. A longer minimum jail sentence applies to those who have a history of domestic violence convictions.  

• Probation. Even if you are not ordered to spend time behind bars, you may still be placed under probation after a domestic violence conviction. The minimum probation period for domestic violence in Florida is one year.  

• Counseling. If your domestic violence offense involved the use of drugs or alcohol, you may be required to attend drug/alcohol counseling.  

• Restraining order. You may also be subject to a restraining order before or after a conviction for domestic violence. Restraining orders impose different conditions, including but not limited to prohibiting contact with the alleged victim of the crime and prohibiting coming within a certain distance of the alleged victim.  

• Loss of firearm rights. Florida law requires that anyone who is convicted of domestic violence must surrender their firearms. Federal law also prohibits those who were convicted of domestic violence from owning, possessing, and using firearms.  

The consequences of a domestic violence conviction can be severe and life-changing, which is why you might want to consider hiring a criminal defense attorney to help you fight the charges and avoid a conviction.  

Possible Defenses

No matter which defense strategy you choose, it will require convincing evidence to prove your arguments. An experienced criminal defense attorney can help you collect this evidence and build a strong case for you. Possible defenses to domestic violence charges include:  

• False allegations. One of the most common defenses to domestic violence is false allegations. In some cases, a person may falsely accuse another person of domestic violence for reasons such as revenge, jealousy, or to gain an advantage in a custody case. It is important to have a thorough investigation conducted to obtain evidence that supports your innocence.  

• Self-defense. If you can prove that you acted in self-defense, you may be able to avoid a conviction. Self-defense is only applicable if you felt like you were in immediate danger of bodily harm or death and a reasonable amount of force used was necessary to protect yourself. Your attorney can help gather and present evidence to support your self-defense claim. 

• Consensual confrontation. In some cases, an argument may escalate to the point of a physical altercation. If you can establish that both parties were willing participants in the confrontation and that neither party was the aggressor, you may be able to avoid a conviction for domestic violence. If you agreed to engage in what could turn into a consensual confrontation, your attorney could use this information to build a case to defend you. 

• It was an accident. Sometimes, domestic violence charges result from an accident. Perhaps you were engaged in a physical altercation with a family or household member and unintentionally caused harm. If you can prove that the violence was accidental, you can avoid being charged with domestic violence. In such cases, your attorney can offer you guidance and defense to get the best possible outcome. 

There may be other defense strategies available to those facing domestic violence charges. Each case is unique, which is why it makes sense to consult with an attorney.  

How a Domestic Violence Defense Attorney Can Help

If you are facing domestic violence charges in Florida, you may want to consider hiring an experienced and results-driven defense attorney. They can guide you through the legal system and ensure that your rights are protected throughout the entire process. Your attorney can investigate the case and gather evidence to support your defense and challenge the prosecution’s case. They can also negotiate with the prosecution to reduce the charges or penalties or dismiss them altogether.