South Florida Domestic Violence Lawyer – Florida Domestic Violence Lawyer
Domestic Battery and Domestic Violence Accusations
Being accused of domestic violence can be devastating because it often involves the entire family. Even if you are merely under arrest for domestic violence and awaiting trial, the court can severely restrict your access to your children, home, personal belongings, and places you frequent. Often, a domestic battery arrest results in the alleged victim filing a simultaneous restraining order, which seeks to further diminish your access to your children, home, etc. If you believe that it is a good idea to try and handle these cases yourself just because you were once in a relationship with this person, you are wrong. In fact, any effort on your part to reach out, or contact, the alleged victim could result in additional charges being filed or your arrest.
Domestic violence encompasses a range of offenses which occur in a domestic setting. Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, 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. 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.
The law in Florida treats domestic violence accusations very seriously for a variety of reasons. Most calls to law enforcement in the context of a “domestic disturbance” result in the arrest of one of the parties, even if the alleged victim requests that an arrest not be made or there are no visible injuries. In other words, someone is going to go to jail just because of the nature of the accusation. Your one phone call should not be to the alleged victim – you should contact a criminal defense lawyer. Nellie King has handled countless domestic violence cases throughout her career. Attorney King understands how these cases change lives forever, especially if the accusation is made on false pretenses, out of spite, or for one party to gain an advantage in a divorce action. Contact Nellie L. King, P.A. at 561-833-1084, or fill out a form on the side of this page, if you need assistance in defending against a charge of domestic violence.
No Contact Order
In most domestic violence cases, the court will order that you have ‘no contact’ with the alleged victim, directly or indirectly, under any circumstances. This no contact order is commonly put in place prior to your release from custody and prior to you going to trial and being convicted. Courts have interpreted these no contact orders in ways that may restrict your access to your own home, preclude you from seeing your children, and even restrict your access to your workplace if the alleged victim also works there. This standard condition of release can make it very difficult to carry on the necessities attendant to everyday life.
If a no contact order is negatively impacting you, you should seek the assistance of qualified criminal defense counsel to modify these overly-restrictive living conditions. A motion to modify the conditions of your release may result in you being able to resume a somewhat normal life until the accusations against you may be heard in court.
West Palm Beach Restraining Order Hearing Lawyer – Florida Restraining Order Hearing Lawyer
Restraining Orders for Domestic Violence
Once a domestic violence arrest is made, the alleged victim will have the option to file a restraining order against the accused. Sometimes the alleged victim is aided in this process by victim service coordinators or representatives of the State Attorney’s Office. If you are facing a domestic violence allegation, the criminal court judge will order that you have no contact with the alleged victim. If you are subsequently served with a temporary restraining order, you may not only be ordered not to have contact with the alleged victim, but you may lose access to your home, you may be ordered not to have contact with your children at home or at school, and you can be ordered to pay for the support of the alleged victim and any dependents. These conditions, among others, can act as a pseudo-divorce because of the power the judge has to restrict you from people and places, as well as the financial conditions the restraining order court can impose for familial support.
Once served with the temporary restraining order, the court will set a hearing to determine whether to impose a permanent injunction for protection. It is in your best interest to hire an attorney for this hearing because of the long-term ramifications if the injunctive relief is granted.
Domestic Violence Allegations and Restraining Orders
A domestic violence restraining order (TRO) can be filed against:
- A spouse or former spouse
- A person related by blood or marriage
- A person you reside with, or once resided with, as if a family
- A person you have a child with
In order for a restraining order (TRO) to be granted, one of the following acts must have taken place:
- An act of domestic violence
- An act which causes the Petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence
The harsh reality of restraining orders is that you don’t need to be convicted of domestic violence for the court to impose the temporary, or permanent, injunction. The alleged victim/petitioner can bring up aspects from your relationship from years in the past to substantiate the request for the TRO – all you need is to be accused. Many domestic violence accusations are filed out of anger, spite, resentment, or in order to gain an advantage in a pending divorce action. Some are based on false allegations.
Restraining Order Hearings and Arrests
Nellie L. King is an experienced South Florida domestic violence attorney that can help you make sense of this situation and determine your best defense when your home life has been compromised due to an arrest or restraining order petition. Nellie L. King strives to get you back to a sense of normalcy during the chaos that can result from domestic violence and restraining order allegations.
South Florida Criminal Defense Lawyer
Domestic violence cases should be taken very seriously. Nellie L. King will fight to ensure that your rights are protected and your name is cleared. Contact Nellie L. King, P.A. at 561-833-1084, available 24 hours a day, or fill out the form on the side of this page to schedule your free initial consultation.