Being accused of domestic violence in Brandon carries serious consequences, including jail time, hefty fines, loss of firearm rights, and mandatory restraining orders. Allegations of domestic abuse can also affect your career prospects, housing opportunities, and family life, including child custody. In some cases, you may be forced to leave your home or face restrictions on visitation with your children.
It’s crucial to speak with a skilled domestic violence attorney in Brandon as soon as possible. Contact Metcalf Falls, Criminal Defense Attorneys, P.A. at (813) 258-4800 or fill out our online form to schedule a free consultation and protect your rights.
Understanding Florida Domestic Violence Laws
Domestic violence in Florida covers acts of violence, threats, or coercion against family or household members. What distinguishes domestic violence from other violent crimes is the relationship between the accused and the victim.
Florida’s domestic violence statutes have grown more stringent over time, partly due to high-profile cases where victims suffered severe injury or death. The state treats domestic abuse seriously and prosecutes these cases aggressively.
Types of Domestic Violence Cases in Brandon
Domestic violence isn’t limited to physical attacks. Emotional, psychological, and verbal abuse are also considered domestic abuse under Florida law. Common behaviors that may lead to charges include:
- Hitting, slapping, or striking
- Choking or strangulation
- Threatening physical harm
- Using a firearm or other deadly weapon to intimidate
- Destroying property or personal belongings
- Sexual assault or battery
- Aggravated assault
- Stalking or harassment
- Kidnapping or unlawful confinement
Even if no physical harm occurs, a person can be charged with domestic violence if their behavior makes the victim fear imminent harm or involves property destruction or threats.
Domestic Violence Penalties in Brandon
The punishment for domestic abuse in Florida varies depending on the severity of the offense:
- Felony charges are possible when a deadly weapon is involved, serious injury occurs, or there are threats of death or great bodily harm.
- Misdemeanor charges may apply if injuries are minor or if the offense involves non-lethal threats or intimidation. Penalties increase when the victim is a child, elderly, or disabled.
Sentences may include jail time, probation, fines, and court-ordered programs such as anger management, counseling, or parenting classes. Victims may also be awarded restitution for lost wages, medical bills, or property damage.
A domestic violence conviction can impact your employment, housing, and professional licensing. Members of the military may face additional consequences through military justice proceedings. Repeat offenses can escalate charges, potentially resulting in felony-level convictions for subsequent domestic violence cases.
Understanding No-Contact Orders in Domestic Violence Cases
When you face domestic violence charges in Florida, the court will typically issue a no-contact order. This order prohibits you from contacting the alleged victim directly or indirectly, including through friends, family, or other intermediaries. You may also be required to stay away from their home, workplace, or school.
Violating a no-contact order is taken very seriously. If you contact the victim in any way, your bond could be revoked, and you may be held in jail until your case is resolved. Attempting to influence the victim’s testimony could also result in additional charges, such as witness tampering.
What to Do if the Victim Reaches Out to You
Even if the alleged victim tries to contact you, you should not respond. No-contact orders only apply to the individual named in the order, not the alleged victim. If the victim or another party harasses you about the case, contact law enforcement rather than responding on your own.
In rare situations, a no-contact order may be modified or lifted. This typically requires that you live in the same household as the victim, that the prosecutor agrees there is minimal risk of further harm, and that a judge approves limited contact without any acts of violence.
Defending Against Domestic Violence Charges in Brandon
Your defense strategy will depend on the facts of your case and the nature of the allegations. A Brandon criminal defense attorney will craft a defense to challenge the prosecution’s claims and raise reasonable doubt. Common defenses include:
Self-Defense
You may claim self-defense if you reasonably believed the victim was about to use unlawful force against you or posed an imminent threat.
Insufficient Evidence
If the prosecution cannot provide enough evidence to prove the allegations beyond a reasonable doubt, you may be acquitted.
Challenging the Victim’s Credibility
The attorney may highlight inconsistencies or prior convictions involving dishonesty that cast doubt on the victim’s testimony. For example, if the victim’s claims seem unreasonable or are contradicted by other evidence, this may weaken the case.
Consent
In certain situations, the victim may have agreed to the act in question. For instance, if both parties voluntarily engaged in a physical altercation, consent may be raised as a defense.
Accidental or Lack of Intent
If the alleged harm was unintentional and you had no intent to injure the victim, this can be used as a defense. However, if there is proof that the act was deliberate or the injury exceeded what you intended, intent may be inferred by the court.
Even if the victim requests that charges be dropped, the prosecution may still proceed. Prosecutors may dismiss a case if the evidence is weak or relies entirely on the victim’s cooperation. However, if law enforcement has documented multiple incidents or there are other witnesses, medical records, or photos, the case may continue to trial regardless of the victim’s wishes.
Key Questions About Domestic Violence Charges in Brandon, FL
Can I be charged with domestic violence even if no one is hurt?
Yes. Physical injuries are not required for a domestic violence charge. Florida law covers acts such as assault, sexual assault, stalking, kidnapping, and false imprisonment. Threatening behavior or actions that cause fear can be enough for law enforcement to make an arrest.
Does domestic violence only apply to people I live with?
No. You do not need to reside with the alleged victim to face domestic violence charges. The law looks at the relationship between you and the alleged victim, which can include current or former family members, intimate partners, or household members.
Will I have to leave my home if charged with domestic violence?
It depends on the court’s orders. You may be required to stay away from the alleged victim and avoid contact. In some cases, a skilled attorney can request a modification to allow you to return home safely while complying with the court’s conditions.
What if the accusations are completely untrue?
False accusations do happen. Your attorney can investigate the circumstances, gather evidence, and challenge the credibility of witnesses. If the evidence strongly supports your innocence, the prosecutor may choose to drop the charges before trial.
How long does it take to resolve a domestic violence case?
The timeline varies depending on the case. If charges are dropped or resolved with a plea agreement, it could take just a few weeks. Trials can last several months, and if appeals are filed, a case may last over a year.
Can the alleged victim stop the case from moving forward?
Once the police investigate, the victim cannot unilaterally prevent prosecution. Prosecutors decide whether to file charges based on the evidence. While the victim’s cooperation is important, cases can proceed even if the victim refuses to testify, provided there is other evidence.
Is it possible to get domestic violence charges dismissed in Brandon?
Yes. Charges can be dismissed if law enforcement violated your rights, if there’s insufficient evidence, or as part of a negotiated plea. In some cases, you might plead to a lesser offense, resulting in the domestic violence charge being withdrawn entirely.
Protect Your Future with a Brandon Domestic Violence Attorney
Facing domestic violence charges can be overwhelming, and the consequences can affect your freedom, employment, and family life. Acting quickly is critical. At Metcalf Falls, Criminal Defense Attorneys, P.A., we focus exclusively on defending clients in domestic violence cases, using experience and strategy to challenge the prosecution and protect your rights.
Don’t leave your case to chance. Call (813) 258-4800 or fill out our online form today to schedule a free, confidential consultation with a Brandon domestic violence lawyer who will fight aggressively on your behalf.
