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What Constitutes Domestic Violence in Florida?

In Florida, domestic violence involves any assault, battery, sexual assault, or any illegal act resulting in the physical injury or death of a family or household member (Florida Statute 741.28). This may or may not be violent in nature and does not have to involve an injury.

Some examples of domestic violence include:

  • Stalking
  • Sexual abuse
  • Threats of bodily harm
  • Kidnapping
  • False imprisonment

A “family or household member” refers to a variety of persons, including:

  • Current spouses
  • Former spouses
  • Individuals related by marriage or blood
  • Individuals who formerly or currently reside together as a family
  • Parents who have a child together – regardless of marriage status

The law specifically states that the family or household members must currently or have previously lived together in the same single dwelling unit. The only exception to this rule is for parents who had a child together.

Domestic violence is one of the most common types of criminal charges in Florida. This type of offense occurs when an individual engages in aggressive behavior toward another person in the same household. People charged with domestic violence can face many severe penalties, including restraining orders, jail time, and costly fines. If convicted, your record could be stained for the rest of your life, impacting your ability to find employment.

To make sure you receive the legal representation you deserve, call Magilligan Law today at (954) 953-5577. We keep your best interests at the forefront throughout the duration of your case.

Penalties for Domestic Violence in Hollywood, FL

If you are found guilty of a domestic violence first-degree misdemeanor, you will be required to serve a minimum of one year on probation or up to one year in jail. During the year of probation, you will need to attend a 26-week batterers’ intervention program, unless the court believes the program would not be appropriate. If the offense involved the intentional infliction of bodily harm to the victim, you will likely be forced to serve a minimum of five days in county jail. The only exception is if you are given a harsher, non-suspended sentence in state prison.

Felony offenses can include extensive prison time and hefty fines. While most third-degree felony offenses carry a five-year maximum prison sentence, some felony charges can result in up to 30 years in prison. In addition, you could also face the loss of gun ownership rights and a permanent criminal record that is not eligible for sealing or expungement.

Defenses to Domestic Violence Charges

Just because you were charged for domestic violence does not mean you will be convicted. You have the right to defend against your charges. However, doing so is a complex process that requires the involvement of an experienced legal team. At Magilligan Law, we have extensive experience employing several tactics in defending our clients against charges of domestic violence.

Common defenses to domestic violence charges include:

  • Self-defense
  • Consent or mutual combat
  • Defense of others
  • Lack of intent
  • False allegations
  • Defense of property

If you have been arrested for domestic violence, contact Magilligan Law as soon as possible. Our Hollywood domestic violence lawyers have many years of experience helping people overcome charges of domestic violence and can help you develop a strategic defense. Our compassionate legal team is here to guide you through every stage of the legal process and ensure your rights remain upheld, and you receive a fair outcome.

Schedule a free consultation with our Hollywood domestic violence attorneys to discover which strategy is right for your situation. Call Magilligan Law at (954) 953-5577 or contact us online.

Why Choose Us?

See the Many Ways We Can Help
  • Every Client Is Treated Like Part of the Family
  • Strong Reputation within the Legal Community
  • Committed to Obtaining the Best Possible Outcome
  • Communicative & Attentive to Our Clients' Needs
  • 25 Years of Combined Legal Experience
  • We Pride Ourselves on Honesty & Quality

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