South Florida Family Violence Attorneys
Domestic violence encompasses a wide variety of acts. Many people believe domestic violence can only occur between spouses. However, even if two individuals are simply dating partners and one individual allegedly strikes the other, it could lead to domestic violence charges.
With such complex laws, if you have been accused of committing an act of domestic abuse, it is vital that you contact a criminal defense attorney as soon as possible.
Delray Beach Domestic Violence Lawyer
A charge for spousal abuse, family violence, or any other offense qualifying as domestic abuse can severely curtail your liberties, as well as lead to prison time and steep fines. A domestic violence lawyer from McLaughlin Morris, P.A. in Delray Beach can fight for you, if you face charges in the Palm Beach area.
At McLaughlin Morris, P.A., we have years of experience fighting for justice, including prosecutorial experience. We understand how the prosecution works, and we will put that knowledge to work in fighting for you. Call McLaughlin Morris, P.A. today at (561) 404-0529, 24 hours a day / 7 days a week to schedule your free consultation.
We represent people on domestic violence charges in Palm Beach County, Broward County and Miami-Dade County, including in West Palm Beach, Boca Raton, Fort Lauderdale and Miami.
Information Center for Domestic Violence in Miami
- Domestic Violence Defined by the Florida Statutes
- Common Domestic Violence Offenses
- Penalties for Domestic Violence in Florida
- Protective Orders in the Palm Beach Area
- Resources for Domestic Violence in Florida
- Finding the Best Domestic Violence Lawyer in South Florida
Section 741.28 of the Florida Statutes defines domestic violence as any form of:
- Aggravated Assault
- Aggravated Battery
- Sexual Assault
- Sexual Battery
- Aggravated Stalking
- False Imprisonment
These offenses progress from regular criminal offenses to acts of domestic violence when they occur between two spouses, dating partners, family members, or household members. When two individuals have a child in common, even if they are not in a relationship and do not share a home, the act of violence can still be considered domestic violence.
Assault (Florida Statute § 784.011): Assault means that an individual commits an act violently or threatens to act violently towards a family or household member, and the alleged victim has reasonable fear that violence will occur. This offense is usually classified as a second degree misdemeanor, but can be upgraded to aggravated assault, which is a third degree felony, if a deadly weapon was used.
Battery (Florida Statute § 784.03): If a person touches a family or household member with the intent to injure the person, then the alleged offender can be charged with a first degree misdemeanor.This offense can be upgraded to aggravated battery if a deadly weapon was used during the commission of the offense.Aggravated battery is a second degree felony.
Domestic Battery by Strangulation (Florida Statute § 784.041(2)(a)): An individual can be charged with this offense if he or she prevents or obstructs the breathing of a family or household member.This offense is usually charged as a third degree felony.
Stalking (Florida Statute § 784.048): This offense occurs when an individual repeatedly and intentionally harasses or cyberstalks a family or household member.Normally a first degree misdemeanor, this crime can be upgraded to aggravated stalking, a third degree felony, if the alleged victim is stalked in a way that causes reason to believe he or she is in danger of serious injury or death.
Depending on the circumstances surrounding the incident, domestic violence charges can range from misdemeanor charges to more severe felony charges. According to §§ 775.082 and 775.083 of the Florida Statutes, the penalties for the various charges are as follows:
- Second Degree Misdemeanor: Up to 60 days behind bars, and/or a fine of up to $500
- First Degree Misdemeanor: Jail Sentence of up to a year, and/or a fine of up to $1,000
- Third Degree Felony: A maximum of five years in prison, and/or a fine of up to $5,000
- Second Degree Felony: Up to 15 years of imprisonment, and/or a fine of up to $10,000
- First Degree Felony: Prison term of up to 30 years or life, and/or a fine of up to $10,000
The severity of the penalties increases with the severity of the crime. If you have been accused of domestic abuse, it is in your best interest to contact a defense attorney immediately following your arrest.
If you are accused of committing domestic violence, the alleged victim could seek to have a protective order placed against you. The guidelines of the protective order may prevent you from contacting, or coming into contact with, the alleged victim in anyway. This could severely limit your ability to maintain a relationship with your children, among other things.
Fortunately, you have the right to a protective order hearing. At this hearing, you and your attorney will have the opportunity to argue that the protective order should be dismissed. To ensure you are adequately prepared for this hearing, consult with an experienced defense attorney as quickly as possible.
Florida Statutes Online: Chapter 784 of the Florida Statutes defines all forms of domestic violence, including domestic assault, domestic battery, stalking, and more.
Palm Beach Police Department: The PBPD is responsible for protecting the safety of the residents and tourists of Palm Beach. This website provides information on how to file and obtain a police report, along with more useful information. There office can be located at:345 S County Road,
Palm Beach, FL 33480
Phone: (561) 838-5454
Florida Department of Children and Families (DCF): This department of the Florida government provides services designed to improve the lives of children and families in Florida. The DCF offers information on adoption, childcare, child welfare, foster care, domestic violence, homelessness, community-based care, and other information.
Domestic abuse charges have dire consequences for those charged in Palm Beach, Miami-Dade or Broward Counties. You can have an experienced domestic violence lawyer from McLaughlin Morris, P.A. in Delray Beach on your side, fighting for you.
At McLaughlin Morris, P.A., we fight for justice for those accused of family violence throughout South Florida, including in Boynton Beach, Pembroke Pines and Hialeah. Call us today at (561) 404-0529, 24 hours a day / 7 days a week, to schedule your free consultation.