Bonita Springs Domestic Violence Defense Lawyer

Bonita Springs Domestic Violence Defense Attorney

Being accused of any acts of violence against a family member can have serious consequences. If you have been falsely charged with domestic violence, it is important to respond quickly to any accusations and get help from a qualified attorney. Consult a Bonita Springs domestic violence defense lawyer to determine what legal steps you should take next. Our team at the Law Offices of Donald P. Day is prepared to help.

What Is Considered Domestic Violence in Florida?

Domestic violence is a term that is used to describe a wide range of violent or aggressive behaviors against people who share personal relationships. This means domestic violence can be committed against family members such as spouses, children, and grandchildren, as well as roommates, ex-partners, current partners, and more. Common forms of domestic violence include physical or sexual assault, stalking, battery, kidnapping, and emotional abuse.

Types of Domestic Violence Criminal Charges in Florida

Domestic violence cases generally fall into one of a few main categories, all of which have underlying charges that are more specific to varying situations. The following are the most common types of domestic violence charges in Florida:

1. AssaultAssault involves an individual purposefully threatening someone else with acts of violence, making them fearful for their safety. If you are charged with simple assault, then it will likely be classified as a misdemeanor. But if a weapon is used or if severe injuries occur, then it may be considered a felony. The following are the main forms of assault seen in domestic violence cases:
   • Aggravated Assault: This kind of assault involves a deadly weapon or the intention of committing a felony. Aggravated assault is a felony in Florida.
   • Battery: Battery involves someone physically hitting or hurting someone else with the goal of causing harm. Depending on how severe it is, battery can be charged as either a misdemeanor or a felony.
   • Stalking: Stalking involves an individual repeatedly following, cyberstalking, or harassing another person. As a result, the person being stalked feels threatened or unsafe. Typically, stalking is classified as a misdemeanor.
2. Child Abuse or NeglectAccording to Florida law, an individual may face domestic abuse charges if they commit the following crimes:
   • Child Abuse: This involves purposefully causing physical or mental harm to a child that may result in injuries.
   • Aggravated Child Abuse: Aggravated assault involves committing severely violent acts against a child, such as torturing, vindictive punishment, caging a child, or physically harming them to the point of disfiguring or causing serious injuries.
   • Neglect: Neglect involves a caregiver failing to provide proper care for a child, such as ignoring their basic needs, which results in serious injury or illness, permanent disability, or disfigurement.

A child abuse charge is often between a parent and their child. When it is, the parent may face a restraining order to prevent them from being with their child or potentially threaten their parental rights or custody rights.

Commonly Used Defenses for Domestic Violence Charges

In order to protect you and your future, you and a criminal defense lawyer can work together to determine what is the most effective defense strategy and to provide support for your case. Below are some commonly used defenses:

• Immediate Danger: One defense strategy is to claim that your actions were necessary in order to protect yourself from immediate danger.
• Self-Defense or Defense of Another Person: Another strategy is to state that your actions were to keep yourself or someone else safe from danger or that you were preventing any damage to property.
• Lack of Corroboration: In the event that there are no witnesses to support the case with no noticeable injuries to the victim, then there may be cause to question the victim’s story.

FAQs

Can Charges Be Dropped If the Victim Does Not Want to Press Charges?

In most cases, no, the charges cannot be dropped if the victim does not want to press charges. This is due to the fact that charges are not based simply on a victim’s wishes to press charges. Even if the victim decides to no longer testify against the alleged abuser, the court may still continue with the case.

How Can Domestic Violence Charges Impact Child Custody Decisions in Florida?

In the state of Florida, domestic violence charges can have a major impact on child custody decisions. The court will always consider what is the safest and most nurturing environment for the child. If one parent has any history of domestic violence charges, then they will likely not be awarded custody of the child.

What Is Coercive Control in Relation to Domestic Violence Cases?

Coercive control in relation to domestic violence cases means that there is a pattern evident between two individuals who live in the same house. This pattern includes consistently using threats, belittling with their words, or using intimidation. These harmful acts are meant to cause fear in the individual so that they will bend to the will of the one who is coercing them.

Is Emotional Abuse Recognized as a Legal Cause for Action?

Yes, emotional abuse is recognized as a legal cause for action. In the past, emotional abuse was not considered a legal cause to take action, but it is now a large part of child abuse cases and even elderly abuse cases especially. It is against the law in Florida for someone to purposefully cause emotional distress.

Contact the Law Offices of Donald P. Day

If you have been accused of domestic violence in Bonita Springs, you may be facing serious consequences. When you have been wrongly charged with domestic violence, it is essential to act to protect yourself and your future. Having a Bonita Springs domestic violence defense lawyer can help you reach a more positive outcome.

At the Law Offices of Donald P. Day, we understand that facing domestic violence charges can be a daunting and frightening experience. Our team is prepared to listen to your situation and work to build a strong defense for you.  Contact the Law Offices of Donald P. Day for help battling domestic violence accusations in Bonita Springs today.