Domestic Violence Lawyer in West Palm Beach
Domestic violence charges are among the most difficult to face. You do not want your friends and family to think that you are capable of harming a family or household member, and you don’t want to worry about going to jail, paying a large fine, and losing your rights.
As much as you would Iike the charge to disappear, the prosecution is vigorously preparing a case against you. The state puts significant resources into prosecuting these cases, so you need an experienced attorney by your side to represent you and protect your rights.
Our West Palm Beach domestic violence lawyer is a sole practitioner, allowing him to give these cases personal attention. Contact our firm today to set up a consultation.
What Is Domestic Violence?
If you have an altercation with a member of your family or household, you can face a domestic violence charge. According to the law, family and household members include:
- Your current spouse
- Your former spouse
- Your relatives by marriage and blood
- People you previously or currently lived with as a family
- Your child’s other parent
Is Domestic Violence Charged As A Misdemeanor Or Felony?
Domestic violence is an umbrella term that contains various criminal offenses committed against members of a family or household. Some, such as assault, are charged as misdemeanors. The state classifies other offenses, including aggravated assault and kidnapping, as felonies.
First, it is important to understand that both misdemeanors and felonies include serious penalties. Additionally, a conviction will remain on your record and can impact the penalties if convicted of another offense down the road.
While the charges are serious, you do have legal options. You can explore those options by consulting with a West Palm Beach domestic violence defense attorney.
What Happens After An Arrest For Domestic Violence?
In many cases, people can bond out immediately after an arrest, but that is not true when charged with domestic violence. Instead of the normal pre-trial release, you will be detained until your first appearance, which must occur within 24 hours of the arrest. The prosecutor will evaluate your history leading up to the hearing, looking for prior arrests for domestic and non-domestic offenses. Your West Palm Beach domestic violence lawyer will also use the time to prepare a case that advocates for reasonable bail.
After the hearing concludes, you will go back to jail until you post bond. Keep in mind that it can take hours to process the bond and get released. Once released, you will need to follow the conditions, which might include a no-contact order and wearing an electronic monitoring device.
Protective Orders
If you have been accused of domestic violence, the alleged victim might get a protective order against you. This is true, even if you have yet to have your day in court. First, the person can submit a petition to get a temporary order. If granted, the judge will then set a hearing to determine if there is a need for a permanent order. The judge can impose additional restrictions, such as prohibiting you from drinking alcohol or possessing a firearm. Your domestic violence defense lawyer in West Palm Beach will advocate for the order to have as few restrictions as possible.
Enhanced Charges
Because Florida takes domestic violence cases so seriously, it increases the classification for people with criminal records. For instance, domestic violence battery is a first-degree misdemeanor in most cases. However, if you were previously convicted of battery, felony battery, or aggravated battery, the state will enhance the offense to a third-degree felony, which carries much steeper penalties. This example illustrates how a criminal record can follow you for the rest of your life. Thus, it is vital to defend yourself against charges, whether this is your first offense or you have an existing record. It is hard to mount a defense on your own, so reach out to our West Palm Beach domestic violence defense attorney today.