Key West Attorney Skilled in Defense of Domestic Violence Cases

Lawyer provides strong response to charges of domestic abuse in Florida

Florida treats domestic violence as a serious offense and imposes severe penalties. A criminal charge not only puts your liberty in jeopardy but also can permanently damage your reputation and your career. But domestic violence charges are sometimes abused as a way to inflict harm on a person, especially during a heated divorce or child custody dispute. The Jamindar Law Firm in Key West offers legal representation for people accused of domestic violence. If you have been arrested or have been served with a restraining order, I will take all steps necessary to providing a robust defense.

How Florida law defines domestic violence

In Florida, domestic violence law applies only when the alleged victim and perpetrator are in qualifying relationships, such as:

  • Spouses
  • Ex-spouses
  • Persons related by blood or marriage
  • Persons living together as a family
  • Persons who have resided together as if a family in the past
  • Persons who have a child in common

Florida domestic violence law covers a number of violent crimes, including:

  • •Assault and aggravated assault
  • •Battery and aggravated battery
  • •Sexual assault and sexual battery
  • •Stalking and aggravated stalking
  • •Kidnapping and false imprisonment
  • •Any criminal offense resulting in physical injury or death

The most common offenses charged in domestic violence cases are assault and battery. Penalties depend on several factors, including the severity of the injuries and the defendant’s prior history. In certain cases, there is a mandatory minimum sentence of 10 to 30 days in county jail. In others, it’s possible to enter an intervention program and be granted probation. Whatever type or level of criminal charge you are facing, I will apply the defensive strategy best calculated to achieve a satisfactory outcome.

Understanding Florida domestic violence restraining orders

People in Florida who have a reasonable fear of domestic violence can petition the court for a restraining order, which prohibits an alleged abuser from committing an act of domestic violence against an alleged victim. The order can also impose further restrictions such as:

  • Excluding the alleged abuser from the home
  • Awarding temporary child custody to the petitioner
  • Awarding temporary child support to the petitioner
  • Ordering the alleged abuser to enter a treatment program
  • Confiscating the alleged abuser’s firearms

An alleged abuser who willfully violates a restraining order can be charged with a first-degree misdemeanor, which can carry fines and jail time. A violation is a third-degree felony if the defendant has two or more prior convictions for a restraining order violation.

Defending against a restraining order in Florida

An alleged victim of domestic violence can get a temporary restraining order in an ex parte proceeding, which means the judge decides whether the facts as alleged justify issuing an order. Your opportunity to tell your side of the story only comes later, at a hearing to decide whether to make the restraining order permanent.

If you’ve been served with a temporary restraining order, you should immediately comply with its terms. But then contact an attorney with experience in these matters. For more than 10 years, I have helped clients accused of domestic violence crimes, working to ease or even eliminate restraining orders that are unjustified or over-restrictive. I’m ready to provide professional advocacy for your case so you can get your life back to normal.

Contact an aggressive Florida defense attorney to fight domestic violence charges

The Jamindar Law Firm in Key West offers a comprehensive defense to clients accused of domestic violence in Monroe County, Florida. To schedule a free initial consultation, call me at 305-204-6869 or contact me online. My office is conveniently located at 422 Fleming Street on the edge of the Key West Historical District.