Domestic Violence in Florida – Legal Consequences and Defense

Domestic violence penalties can be severe and devastating. Being found guilty of domestic violence carries serious legal consequences and may have a ripple effect on other issues such as child custody disputes, injunctions, pending divorces and even on your social and professional life.

The penalties you could face if found guilty of domestic violence include jail time, restrictive probation or community control, participation in Batterers Intervention Programs and revocation of your concealed weapons permit. Also, you will likely not be allowed to seal or expunge that arrest even if the judge withholds adjudication. It is important to note that if you are not an American citizen and are convicted of domestic violence, the conviction can be used against you as grounds by the Immigration and Customs Enforcement (ICE) to have the defendant expelled from the United States.

Oftentimes, the alleged victim also files a civil petition seeking an injunction. This is a separate civil proceeding in which the complainant seeks to have a restraining order entered against the accused regarding contact, communication or other matters. There can be serious legal ramifications against someone if a restraining order is entered against them. In addition, it is important to realize that Fifth Amendment privileges against self incrimination do not apply to these proceedings and a defendant who testifies in such a civil proceeding can have their testimony used against them in another criminal proceeding. Therefore, it is important that your domestic violence attorney knows how to handle, strategize and defend both types of cases.

Defenses for a domestic violence charge can be challenging. The Borras Law Firm is here to defend and assist individuals against domestic violence charges.