Domestic Violence

Domestic Violence (DV) means any assault, battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member (spouse, wife, husband, girlfriend, or boyfriend).  A domestic assault can be a misdemeanor or a felony. It is a more serious felony if there are aggravating circumstances such as causing great bodily harm, strangulation, stalking in violation of an injunction, or if the alleged victim is pregnant.

If you plea Guilty or No Contest to a Domestic Violence charge, you CAN NOT seal or expunge your Domestic Violence arrest!

Call me today before you go to court alone so that I can fight for you and keep you eligible to expunge your arrest!

Anyone arrested for a domestic assault must be held in custody without a bond until they are brought before the court for first appearance or preliminary presentation. If the court orders that as a condition of your bond you are not allowed to have contact with the alleged victim, I can file a bond motion requesting the court to remove or modify that condition of the bond. If you are ordered to not have contact and violate that condition of your bond, you can have your bond revoked and be held in custody (jail) until your case is resolved. Do not end up back in jail call now for more information about filing a Bond Motion on your behalf.

The number one question I am asked in these types of cases concerns what happens when the alleged victim does not want to prosecute.

Even if the alleged victim signs a Waiver of Prosecution, the State Attorney (prosecutor) may still file charges against you and prosecute you for domestic assault.

As your attorney, I can contact the prosecutor and explain to the prosecutor that the person does not want to prosecute and the circumstances and reasons why the prosecutor should not prosecute or file charges against you. Many times I can prevent criminal charges from being filed against you. Often, in Polk County, Florida cases, the prosecutor requires the alleged victim to take a special class for victims of domestic abuse.

Also, many people tell me their spouse or significant other did not have any injuries or marks on them. That there is no other proof other than the spouse or significant other’s word. Unfortunately, that is all the prosecutor needs to file charges against you. Let me fight for justice for you.

It is important to have an experienced criminal defense lawyer represent you when you have been arrested for domestic abuse. If you plead guilty or no contest to this type of charge, you can not seal or expunge your arrest, even if the court withholds adjudication. Even if you go to trial and are found not guilty by a jury of your peers, you can not seal or expunge your domestic assault arrest. The public and employers will know of your arrest. In order to expunge a domestic violence arrest, charges must be dropped against you. It is very important to have a criminal defense attorney that will fight these charges aggressively trying to get them dismissed to protect your reputation and criminal record.

Many times I can negotiate for you to be placed into a Diversion program instead of entering a plea to the DV charge. As long as you complete the Diversion program, which usually requires counseling, the charges will be dropped/dismissed against you and you will be able to expunge your record. These classes can be anywhere from 1 day to 26 weeks depending on your individual case.

I handle all domestic assault cases, whether they are felony or misdemeanor charges. I also defend against injunctions and handle violation of injunction cases. If there is an injunction against you, you may not possess a firearm and can be arrested and prosecuted if the petitioner of an injunction alleges you violated the terms of the injunction. Protect yourself and call for help from an attorney with experience in Domestic Violence and Injunction cases.

Each DV case is different and unique based upon the individual facts of your case. Call now to set up your free consultation so I can answer these and other questions you may have regarding your DV case.

PROTECT YOUR RIGHTS…CALL AND SET YOUR FREE CONSULTATION WITH AN EXPERIENCED LAKELAND/TAMPA CRIMINAL DEFENSE ATTORNEY IMMEDIATELY

Lakeland, FL (863) 838-5549
Tampa, FL (813) 789-6404

Lakeland

(863) 688-4606

Tampa

(813) 789-6404

Lutz

(727) 457-8660

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Testimonials

Thomas Grajek is a great lawyer

After my husbands DUI, I met with a couple of lawyers but NONE were as attentive as Thomas Grajek. Thomas was able to beat the DUI charge that I thought would be impossible. Not only did he save us money, he also helped put our lives back. I would recommend Mr. Grajek to anyone in our situation. Thsnkd Tom!!!

Thomas Grajek is a great lawyer

Excellent Attorney....called this attorney on a Saturday. He was quick to call me back and even gave me free advice as to how to handle the situation we were in. We ended up hiring him best decision we made. Would recommend this attorney to anyone.

Thomas Grajek is a great lawyer

Got a DUI a few months ago and got Toms name from a friend of mine.. I am more then satisfied with the way he handled my case and the way he kept me informed the whole time.. I got off on reckless with a with hold which i am more then happy to have on my record then a dui... He's a very down to earth guy and definitely trys to relate to where ur comin from.. I would with no doubt recommend Tom to friends and family... Thanks Tom ur the best!!!!!!

Thomas Grajek is a great lawyer

Great DUI Lawyer!! He got my DUI dropped to a reckless driving charge!! definitely went above and beyond for my case!!!He is very easily accessible and always promptly returned my phone calls/emails.

Thomas Grajek is a great lawyer

I have just moved to the Tampa area. I was intoduced to Tom after being arrested for a DUI. Within minutes of being bonded out Tom came to my place of employment with all needed documents to "get the ball rolling". He always kept me informed on my case and when the time came for my hearing, I plead guilty to wreckless and had no fines and very little commuity service. Thomas Grajek is a great attorney and I feel he would be a valuable assett in anyone's defense.