Spousal Abuse and Domestic Violence
As much as you may try to avoid it, fighting with your partner or spouse may be inevitable. These fights may become heated and result in physical violence on either side. A high number of domestic violence charges are false or trumped-up allegations, the result of heated arguments or vengeful ex-spouses. A domestic violence case is not something you want to handle by yourself, without the help of a skilled Sarasota domestic violence attorney. These cases can result in mandatory jail time, probation, the creation of a permanent criminal record, or mandatory counseling. If you have been charged or accused of spousal abuse or domestic violence, seek out an aggressive domestic violence attorney at Pallegar Law, P.A.Domestic Violence Battery
The crime of domestic violence battery is committed when someone intentionally touches, strikes, or causes harm to another person without their consent. This crime only occurs when the person struck or injured is a family or other member of your household. “Household members” are typically any of the following: spouses, ex-spouses, people related to you by blood or marriage, or anyone living with you as a family (past or present). The law requires that household members must live together as a family, or have lived together as a family in the past. The only exception to this rule is for people who have a child together.Penalties for Domestic Battery
Despite the classification of this crime as a misdemeanor, the penalties for a conviction are quite extensive. Because this is a domestic crime, the penalties may include the completion of a Batterer’s Intervention Program or other mandatory counseling, 12 months of probation, additional community service, and an injunction or “no contact” order against the victim. A domestic battery conviction in the state of Florida also makes you ineligible to have your record sealed or expunged (even if adjudication was withheld). This means the conviction will stay with you forever.
Keep in mind that these penalties are in addition to one year of potential jail time and fines of up to $1,000. If you or someone you know has been charged with a crime related to domestic violence, contact an experienced Sarasota domestic violence attorney at Pallegar Law, P.A.Defenses to Domestic Violence and Spousal Abuse
There are many defenses to a charge of domestic violence, due to the nature of the crime. These are several of the most common defenses to this crime: false allegations by a vindictive spouse or ex-spouse, the absence of any injuries, self-defense, defense of property or another person, or mutual combat (consensual acts). Hiring a skilled domestic battery attorney will help you identify the most helpful defense for your case in order to fight the charges against you.Call Pallegar Law, P.A. Today For a Free Consultation
If you have been involved in a physical altercation with your spouse, contact a knowledgeable Sarasota domestic violence attorney today. Call Pallegar Law, P.A. today at 941-893-5816 for a free consultation.