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Domestic Violence

Tampa Domestic Violence Lawyer

What is Domestic Violence?

"Domestic violence" means 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. §741.28., Florida Statutes.

"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. §741.28, Florida Statutes.

 

Arrested for Domestic Battery in Tampa, FL?

Domestic violence and domestic battery cases can be very one-sided; often, they are favorable to the accusing party. Under Florida law, a police officer can make an arrest for domestic violence or domestic battery based solely on another person's accusations. This means that an arrest can be made without any corroborating physical evidence of domestic violence.

The Capaz Law Firm understands that there are always two sides to every story. The arrested party is not always the guilty party. If you have been arrested or charged with domestic battery or domestic violence, contact a Tampa criminal defense attorney today to discuss your legal rights.

 

Domestic Violence Charges: Misdemeanor or Felony?

The filing decision on domestic violence charges is made by the State Attorney and is based on the facts of the case, the credibility of the witnesses and the severity of injuries. Domestic violence cases involving significant bodily injury are usually charged as a felony. Cases involving little or no injury or slight injury are usually filed as a misdemeanor. Penalties for a domestic violence conviction include the following:

Misdemeanor:

• Jail sentence of up to 1 year

• Potential probation for up to 1 year

• Anger management classes

• Community service hours

• Court costs and fines

• No contact orders

• Restrictions on carrying or owning a firearm

Felony:

• Florida State Prison

• Probation

• Probation with a combination of prison or jail

• Anger management classes

• Community service hours

• Court costs and fines

• No contact orders

• Restrictions on carrying or owning a firearm

 

Possible Resolutions for Tampa Domestic Violence Charges

Allegations of domestic violence or domestic battery must be taken seriously. The following are various types of resolutions that could be sought to avoid the negative impact that these domestic violence charges can have on your life:

• No File of Charges

• Dismissal of Charges

• Acquittal by Judge or Jury

• Domestic Violence Pretrial Diversion

If the charges brought against you are "no filed," dismissed, or if you are acquitted, and you have no prior criminal record, you may be eligible to have your record expunged. In some cases, even if you have a prior arrest record (but no prior adjudications), you may be able to get your record sealed. The option to expunge or seal a criminal record is also available to a person who successfully completes the domestic violence pretrial diversion.

 

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Domestic Violence in Divorce or Child Custody Cases

While it is unfortunate, domestic violence allegations are sometimes used to gain a tactical advantage in a divorce or child custody proceeding. If you have been wrongfully accused of domestic violence, it is important to hire an experienced and aggressive Tampa criminal defense lawyer to protect your rights as the arrest and prosecution for domestic violence can be used against you in a divorce or child custody hearing.

 

Tampa Domestic Violence Attorney

Domestic violence charges are serious and have many negative repercussions. If you have been arrested or accused of domestic violence in Tampa, contact an experienced Tampa domestic violence defense lawyer at the Capaz Law Firm at (813) 440-2700.

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