Often Domestic Violence cases result from misunderstandings, exaggeration, or isolated incidents of passion. If you are accused of Domestic Violence, we understand that it may be a very troubling time. You may be kept from your home and family and threatened with serious legal consequences. Our attorneys have experience handling domestic violence cases and know how to help. If you need defense for a domestic violence case, contact us for a confidential consultation.
If a judge has ordered you to have no contact with an alleged victim, read on and contact us for a confidential consultation. We can help.
Typically, in Domestic Violence Situations, the police will arrest at least one family member. They will do so even if the alleged victim indicates that he or she has no desire to prosecute. Before allowing bail, a Judge will usually order that the arrested person have no contact with the alleged victim and possibly other family members. The Judge usually orders the accused to move out of the family home while charges are pending. The alleged victim has the right to appear at the jail hearing where the bond is set (usually the morning following arrest) and can ask the judge to allow the accused to return home and have non-hostile contact with the family.
If the judge orders you to have no contact with the alleged victim in this type of case, violation of that order will constitute a separate criminal charge of Violating a Pretrial Release Order in a Domestic Violence Case. The Judge will also likely hold you in jail pending trial if you violate this order. It is not a good idea to violate a no contact order, even if the victim tries to contact you. The government can pursue charges against you regardless of whether the victim agrees with the no contact order.
If the family and alleged victim would like contact, we can file a motion with the Court to remove the no contact order. If you are accused of domestic violence, or an alleged victim who would like contact with an accused, please contact us for more information.
Simply put, assault is the act of threatening someone and battery is intentionally injuring someone or touching someone without permission. Assault and Battery committed within a family unit or between people with children in common are considered Domestic Violence Assault and Battery and have enhanced penalties. Specifically, if you are convicted of either, you will likely be ordered to complete the "Batterer's Intervention Program", which is usually a 28 week program of counseling that is supposed to prevent domestic violence. You may also face standard criminal sanctions such as fines, probation, or jail time. Additionally, if you have at least 1 prior battery conviction, then you may be charged with a felony, punishable by up to 5 years in prison. That is why it is important to have an experienced criminal lawyer on your side.
Your lawyer can contact the alleged victim, despite any no contact order, and find out what they say really happened. Often the alleged victim's story is different from the government's story, which is helpful to fight the Domestic Violence charges. Often, after things have cooled down, the alleged victim makes the best witness for the defense. We will put our knowledge of the criminal justice system and Domestic Violence cases to work for you so that you get your best defense. Each case is unique, so you should contact us to discuss your case.
These three charges are similar to Domestic Violence Assault and Battery, but they are felonies, either because of the alleged use of a weapon or alleged great bodily harm. That means the government may seek a lengthy prison sentence as well as any of the other sanctions generally applicable to domestic violence assault and battery cases. If you are charged with any of these felonies contact a lawyer who is experienced in criminal law and domestic violence to discuss your best defense.
This type of battery is also a felony, which means the government might be seeking a lengthy prison sentence. Domestic Violence Battery By Strangulation is the cutting off of breathing or circulation of another by applying pressure to the throat or covering the mouth and nose. The accused and the alleged victim must be in a domestic, dating, or former dating relationship, or have a child in common. An experienced lawyer can defend you from these charges and help you avoid a potential prison sentence. If you are accused of Strangulation, contact us for help.
If you have been served with a Domestic Violence Injunction or ordered to have no contact with an alleged victim in a Domestic Violence criminal case, then you should avoid contact with the named person. Even if they try to contact you or apologize for getting the Court Order, do not contact them. They will not get in trouble but you may. If you want help removing a no contact order or fighting an injunction, contact us, not the alleged victim.
If you have been accused of such a violation, you should consider hiring an experienced lawyer. Often the violation is easier for the government to prove than the original charge.
For instance, if you were arrested for domestic violence because of a misunderstanding and the victim asks you to move back in, the police might stop by for a "wellness check" to see if the alleged victim is safe. When the officer approaches the door, he may see you through a window or in the back of the house. Now the government can prove you violated PTR even if the alleged victim is uncooperative in the original case because the police officer can tell the jury he saw you at the alleged victim's home.
To set up your confidential consultation with one of our Orlando domestic violence lawyers, give us a call at (407) 956-2172, or contact us online.