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 » What Is Domestic Violence Defense and How Can A Lakeland/Tampa Domestic Violence Attorney Help You

What Is Domestic Violence Defense and How Can A Lakeland/Tampa Domestic Violence Attorney Help You

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). Domestic Violence 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 Domestic Violence arrest!

Domestic Violence crimes are normally assigned to a special domestic violence court division. However, due to budget cuts, Polk County, Florida has eliminated the Domestic Violence court division and domestic violence cases are now assigned to criminal trial divisions.

Anyone arrested for an act of Domestic Violence 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 Domestic Violence 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 Violence.

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 Violence.

Also, many people tell me their spouse or girlfriend did not have any injuries or marks on them. That there is no other proof other than the spouse or girlfriend’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 Violence. If you plead guilty or no contest to a charge of Domestic Violence, you can not seal or expunge your Domestic Violence 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 Violence arrest. The public and employers will know of your arrest. In order to expunge a Domestic Violence arrest, charges must be dropped against you. I have had numerous calls from individuals telling me they can not get a job or a promotion because they can not seal or expunge their Domestic Violence arrest. Therefore, 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 Domestic Violence counseling, the charges will be dropped/dismissed against you and you will be able to expunge your record. These Domestic Violence classes can be anywhere from 1 day to 26 weeks depending on your individual case.

I handle all Domestic Violence 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