Domestic violence is defined as any battery, aggravated battery, sexual battery, assault, aggravated assault, sexual assault, stalking, aggravated stalking, false imprisonment, kidnapping, or any crime that results in physical injuries or death upon a family member or household member by another family member or household member. These crimes can have serious penalties, and it is important that you contact an aggressive Tampa domestic violence attorney if you have been charged with a related crime. At Pallegar Law, P.A., our goal is to resolve your case as favorably as we can, while fighting the charges and exploring possible defenses.
In Florida, if a person is found guilty of domestic violence and causes harm to another person, he or she shall be ordered to serve a minimum of five days in jail, unless the court sentences him or her to a non suspended period of prison time in a correctional facility.
The court can also sentence the offender to probation or community control, or an additional incarceration period. Probation is a minimum term of one year. The court may order that the offender attends a batterers' intervention program as a condition of probation if he or she qualifies.
The batterers' intervention program should require a program of at least twenty nine weeks and twenty four weekly sessions, appropriate intake and assessments, be based on the psycho-educational model, hold the batterer accountable for his or her actions, have the safety of the victim and children be the primary purpose of program, and have the program be funded by the batterers attending. Calling an experienced Tampa domestic violence attorney at Pallegar Law, P.A. can save you from jail time, probation, fines, or a long-term program.Victims of Domestic Violence
A victim of domestic violence is any person who seeks advice from a domestic violence advocate for counseling and helping with the mental, emotional, and physical well being because of a domestic violence act, an attempted domestic violence act, or an alleged act of domestic violence. The victim of a domestic violence incident will be assisted by a law enforcement officer after the incident to get medical attention, if required, and be advised about domestic violence centers where victims can receive services to help.
The law enforcement officer will also give the victim a notice of the legal rights that are available to them. This notice includes a resource listing for the local domestic violence center, and a copy of the rights you are able to pursue. The victim should also give the law enforcement officer a written statement of the incident that happened and that officer shall submit that statement to his supervisor.
A copy of the police report will then be sent to the nearest domestic violence center. Any victim of domestic violence, or anyone who has reasonable cause to believe they could become a victim, is able to file a sworn petition for an order for protection against domestic violence.
A person can commit a first degree misdemeanor if he or she willingly violates the order for protection against domestic violence by refusing to leave the dwelling that he or she shares with the victim, being within 500 feet of the victim's residence, work, school, or specific place frequently visited by the victim, committing an act of domestic violence to the victim or any other violation of the court order through unlawful threats or acts to commit violence, contacting or communicating with the victim in any way, unless the order allows contact through a third party, intentionally coming within 100 feet of the victim's vehicle even if it is not occupied, destroying the victim's personal property, or refusing to give up any firearms or weapons if ordered by the court to do so. If the victim suffers injury or loss as a result of the offender violating his or her court order, the victim will be given economic damages for their injury or loss from the court. These damages include attorney’s fees and costs for enforcing the court order.
If you or someone you know has been charged with a domestic violence related crime, don’t wait. Call an aggressive Tampa domestic violence attorney now at Pallegar Law, P.A. Call 813-444-3912 or 941-893-5816 for help.