Tampa Domestic Violence Defense Lawyer

What Is Domestic Violence?

Domestic violence is defined under Florida Statute §741.28 as the assault or battery of any family/household member. 

The following may result in domestic violence charges:

• Assault  
• Battery
• Stalking
• Kidnapping
• False imprisonment
• Certain sex crimes

The law does not define who is included in the scope of “household or family member.” For this reason, it is important to understand who could bring charges against you in a domestic violence case. A case could involve a current or former spouse, blood relatives, in-laws, a current or former roommate, a parent of a shared child, children, or any other person in your family or with whom you share a home.

Types of Domestic Violence

When boiled down to its simplest terms, domestic violence is defined as abuse within an intimate relationship or within a family setting, including spousal abuse and child abuse.

Although many associate domestic violence with physical abuse, it can also include:

• Verbal abuse
• Emotional abuse
• Mental abuse
• Financial abuse

Regardless of the specifics, if you have been accused of domestic violence, you need to act quickly to protect your rights. Our Tampa domestic violence defense lawyer is standing by to help.

Protective Orders & Domestic Violence Charges in Florida

After an arrest for domestic violence, the alleged victim will often request an injunction, otherwise known as a protective order or restraining order. A person may also request a protective order at any time following an alleged act of stalking, abuse, or other form of domestic violence—even if there is no arrest.

The purpose of a protective order in Florida is to protect a victim from further violence or harm. Depending on the conditions imposed by the court, a protective order may prohibit any contact with the victim, prohibit further acts or threats of violence, and prohibit the alleged abuser from coming within a certain distance of the victim’s home, workplace, or school.

When Can a Restraining Order Be Granted?

If an alleged victim is asking the court to issue a protective order against you, first the judge must find “reasonable cause” to believe that the petitioner is in imminent danger of being harmed by you.

Before the judge can order an injunction, he or she must weigh all relevant factors that the victim alleged in their petition, such as:

• The history between you and the petitioner, including physical violence, threats, harassment, and stalking
• Whether you have ever tried to harm the petitioner, their family, or their friends
• Whether you have threatened to kidnap or harm the petitioner’s children
• If you have ever abused or killed one of the family pets
• If you have used or threatened to use a weapon, such as a knife or gun, to injure the petitioner or another family member
• Whether you have ever physically barred the petitioner from leaving the house or from calling the police
• Whether you have a criminal history of violence
• If there are other restraining orders against you, including other jurisdictions
• Whether you have destroyed the respondent’s personal property, including communication devices
• If you have done something in the past that places the petitioner in reasonable fear of becoming a victim of domestic violence

Hearsay alone should not be enough to support a protective order. You need to remember that you have the right to challenge an injunction and to present your side of the story. Even if the alleged victim claims to have evidence against you or things seem helpless, talk to an attorney about your options. You might be surprised to find out that a positive outcome is possible.

Temporary Injunctions

Once an alleged victim files a petition for protection from domestic violence, the court may decide to grant an ex parte order granting a temporary injunction (protective order). If the protective order is granted, a court will schedule a return hearing.

If a temporary injunction is granted, it will be effective for no more than 15 days under Sec. 741.30(5)(c) of the Florida Statutes. The court will then schedule a full hearing for a date before the temporary injunction expires.

A temporary injunction may include various terms. It may: 

• Order the respondent to stop committing domestic violence
• Order the respondent to stay away from the petitioner
• Order the respondent to stay away from the family home
• Specify how far the respondent must stay away from the alleged victim
• Order the respondent to stay away from the victim’s work or school
• Award temporary child custody to the victim
• Order the respondent to surrender their firearms and ammunition.

Final Injunctions

If the court believes that the petitioner is in fact a victim of domestic violence, the court may grant a final injunction for protection against domestic violence, which can require the alleged abuser to attend counseling and substance abuse treatment, complete a batterer intervention program, and pay spousal and child support, among other things.

What Should I Do in the Face of False Domestic Violence Charges?

Many people accused of domestic violence think that the truth will prevail. However, that’s not always the case. False domestic violence accusations do a lot of damage. There are certain things you should do to protect your rights.

If you’re facing false domestic violence charges:

• Consult with an Attorney: One of the first things you should do is contact an experienced Tampa domestic violence defense attorney who will guide you through the legal process. Our firm is ready to protect your rights and your future.
• Change Login Information for Your Safety: We recommend you change the passwords to your bank accounts, laptop, cellphone, and other devices that contain important information. Unfortunately, there are many cases when accusers use this information against the defendant. It is best to secure your data.
• Present Evidence to Your Attorney: It is essential to give your attorney all information that will help prove your innocence. An experienced attorney can investigate your case to develop a strong defense.