Florida Statutes 741.28 defines Domestic Violence in Florida as “. . . any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated 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.
(3) “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Florida's domestic violence laws carry severe penalties, especially for repeat offenders. Even if the alleged victim doesn’t wish to “press charges”, the State Attorney’s Office will often proceed with the prosecution anyway. If you're facing domestic violence charges of any kind, our domestic violence defense law firm can present a defense based on a denial of the alleged assault or stalking behavior, or can even challenge the allegations that were originally presented to the domestic violence court and that resulted in the injunction against you.
If you are a first offender, it's often possible for us to work out an acceptable plea agreement with the prosecution that achieves the reduction or dismissal of the charges. Our ability to present an effective defense to misdemeanor or felony domestic violence charges reflects our experience, our careful examination of the facts in every case, and our understanding of how and when to present your strongest defense to the prosecution.
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