Fort Myers Domestic Violence Defense Lawyer
How Can I Clear My Name of Domestic Violence Charges?
While any criminal charge can threaten your freedoms and future, few criminal charges can be more concerning for a person to deal with than a domestic violence charge. Those who engage in intimate partner violence are considered especially reprehensible by society, and even other prisoners stigmatize inmates sentenced for acts of domestic violence. While anyone who has been convicted of a crime may face difficulty reintegrating into society, individuals who have been convicted of domestic violence may face an especially challenging path back into the world.
Domestic violence accusations can vary in severity, but the consequences of any domestic violence case are profound. Domestic abuse and spousal abuse accusations are quite common in Fort Myers. Many people tend to side with the accuser in a domestic violence allegation. However, many domestic violence charges stem from a misunderstanding, misinterpretation, or flat-out false allegations.
You should team up with an experienced domestic violence attorney in Fort Myers to clear your name and reputation. If you or a loved one is facing domestic violence charges, explore your legal options by contacting my Fort Myers criminal defense law firm today at (239) 284-5708.
What is Considered Domestic Violence?
In Florida, domestic violence encompasses a wide range of acts. Per Title XLIII, Chapter 741 of the Florida Statutes, domestic violence includes any act that leads to injury or violence against a member of your household. Acts considered domestic violence include, but are not necessarily limited to:
- Assault/Aggravated Assault
- Battery
- Sexual Assault
- Stalking
- Kidnapping
- False Imprisonment
For purposes of Florida domestic violence law, a household member includes, but is not necessarily limited to, a spouse, child, relative, domestic partner, or others living in your household.
Florida law keeps the definition of domestic violence broad so that it can be applied in a wide array of situations. In many instances, law enforcement will err on the side of caution and bring domestic violence charges against someone to “play it safe.” The presumption is that the courts will determine your guilt. In the meantime, many officers consider it better to arrest someone suspected of domestic violence rather than allow them to potentially commit another violent act.
An arrest and charges can create the appearance of guilt long before a trial. Even though Americans are considered innocent until proven guilty, many people have a “where there’s smoke, there’s fire” approach to charges of domestic violence. This presumption can make it challenging to find an impartial or sympathetic jury. Domestic violence lawyers are skilled at handling the fallout of a domestic violence charge or accusation.
If you’re facing domestic violence charges and need help absolving yourself from any wrongdoing, seek out the legal help of my defense law firm in Fort Myers today.
Can I Be Arrested for Domestic Violence for Any Reason?
Unfortunately, many law enforcement officials dispatched to handle domestic violence calls often have to make snap judgments when they arrive on the scene. Due to media scrutiny and increasing concerns about how domestic violence situations have been handled in the past, many officers today are trained to err on the side of caution. This means siding with whoever is making an accusation or whoever appears to be the most emotional or “volatile” at the moment.
Officers may fear harm coming to someone after they leave if they don’t remove a potential abuser from the scene. They may also fear media or professional scrutiny or repercussions if they fail to act in an appropriately assertive manner. This can lead to false arrests or arrests that are not warranted under the circumstances. Unfortunately, in a domestic violence situation, police need minimal evidence to make an arrest. If there is any sign of a domestic disturbance or violence having taken place, police will generally make an arrest to “preserve the peace” and err on the side of caution.”
This is why if you or a loved one has been arrested for domestic violence, you must take charge and protect yourself by hiring our Fort Myers defense lawyer as soon as possible.
What Can Happen If I’m Accused of Domestic Violence?
Because it is a domestic violence that necessarily impacts families, people arrested and charged with DV often face additional struggles between the time of their arrest and trial.
Depending on the circumstances, you may have a temporary civil restraining order placed against you. You could also be subjected to a separate “no contact order” with the alleged victim as a condition of your bail, and you could be ordered to stay away from the home you share with your accuser while the case is pending. This can create many hardships for you, especially if you share custody of your children with your accuser. Depending on the circumstances of the case, you may also have access to your children limited or even restricted. Even if you are permitted to see your children, it may be under inconvenient or controlled circumstances, such as supervised visits with an approved individual.
What are the Legal Penalties of a Domestic Violence Conviction?
The legal consequences of a domestic violence conviction can vary depending on the severity of the charge in question. There are certain mandatory minimum prison sentences for individuals convicted of domestic violence. These minimums range from ten days to one month in jail. Even a month in jail can cost you your job, impact your ability to pay or keep up with rent on your home or apartment, and have other negative consequences.
In most cases, domestic violence convictions result in years of prison time and heavy fines. Common sentences for domestic violence include five years in prison and a $5,000 fine, and 15 years in prison plus a $10,000 fine. Depending on the circumstances, you may be facing even harsher penalties. If someone were severely injured or killed during an incident of domestic violence, you may even be facing life in prison–or the death penalty.
What Other Penalties Might I Face for a Domestic Violence Conviction?
Even if you manage to avoid a lengthy jail sentence, simply being convicted of domestic violence can have far-reaching implications for your future. A domestic violence conviction can cost you certain rights, such as the right to purchase and own firearms or the right to vote. A conviction may also potentially impact your job prospects. Currently, Florida has no statewide “Ban the Box” law that prohibits employers from asking about criminal history. While the City of Fort Myers is not allowed to ask initially about prior criminal convictions, it may perform a background check following an offer of employment. If an employer has reason to believe your criminal history may impact your ability to perform your job safely, it can potentially affect your job prospects.
Additionally, a domestic violence conviction may limit where you can live and how easily you can have access to your children. In some instances, a domestic violence conviction might mean the end of your relationship with your children until they become legal adults.
The attorney-client relationship in a family violence case can be critical to getting the results you desire. Let an attorney in Fort Myers represent your case from beginning to end.
What Should I Do if I’ve Been Arrested for Domestic Violence?
Domestic violence charges are among the most serious you can face. The stigma against domestic abusers is powerful. Prosecutors like to pursue domestic violence convictions because it’s a crime most people have strong feelings about, meaning you may face an uphill battle in the courtroom. This is especially true if you come up against an overzealous prosecutor or judge looking to “make an example” of someone. Don’t become an example. If you or a loved one were arrested for domestic violence, contact Sherman Defense Law, P.A.
Melissa Sherman firmly believes in “innocent until proven guilty” and disapproves of how ready courts and juries are to judge someone just for being arrested. Using her tested Sherman Defense Technique, she strips away the sensationalism and stigma to get down to the facts of a case and ensure your freedom.
Domestic violence charges can be intimidating. Don’t let an accusation be the beginning of the end for you. If you’ve been arrested on charges of domestic violence in Fort Myers, call Sherman Defense Law Firm, P.A. at (239) 284-5708 to schedule a consultation.