Domestic Violence Defense Lawyer in Orlando, Florida

A domestic violence accusation can have serious legal and personal consequences, including jail time, hefty fines, and a permanent criminal record. It can also impact your reputation, employment opportunities, and even your parental rights.

If you've been arrested or charged with domestic violence in Orlando, Florida, you're likely feeling overwhelmed, stressed, and unsure of what to do next. At Orlando Defense, our experienced domestic violence defense lawyer, Attorney Michael Reese, is here to protect your rights and fight for your freedom. 

With years of experience handling domestic violence cases in Florida, we understand the challenges of these violent crime charges and the legal strategies needed to build a strong defense. If you or a loved one is facing domestic violence allegations, don’t wait. Contact us today for a free consultation.

Common Domestic Violence Charges in Florida

Florida law takes domestic violence very seriously. Under Florida Statutes § 741.28, domestic violence is defined as any assault, battery, sexual assault, stalking, kidnapping, false imprisonment, or any other criminal offense that results in physical injury or death to a family or household member, including:

• Spouses (current or former)

• Individuals related by blood or marriage

• People who live together as a family or have lived together in the past

• Parents of a common child, regardless of marital status

Depending on the circumstances of the case, domestic violence allegations may include:

• Domestic battery: Unwanted or harmful physical contact, such as hitting, slapping, or pushing.

• Aggravated battery: A more serious form of battery that includes using a weapon or causing significant bodily harm.

• Domestic assault: Threatening a family member with harm, even if no physical contact occurs.

• Aggravated assault: An assault involving a deadly weapon or intent to cause serious injury.

• False imprisonment: Restricting someone’s movement against their will, such as preventing them from leaving a room or house.

• Stalking or cyberstalking: Repeated unwanted contact, harassment, or following someone, including online.

• Violation of a restraining order (injunction for protection): Ignoring a court-issued restraining order by contacting the alleged victim.

Each of these charges carries different penalties, but all can result in severe legal consequences if not handled properly.

Penalties for Domestic Violence in Florida

The penalties for domestic violence in Florida can vary depending on the case and may be severe even for first-time offenders. If convicted, you could face:

• Jail or prison time: Sentences vary based on the severity of the offense. Misdemeanor domestic violence charges can result in up to one year in jail, while felony domestic violence charges can carry years in prison.

• Fines and court costs: Convictions often come with heavy fines, ranging from hundreds to thousands of dollars.

• Mandatory completion of a Batterer’s Intervention Program (BIP): A 26-week program required for most domestic violence offenders.

• Loss of firearm rights: A domestic violence conviction can prevent you from owning or possessing a firearm.

• Restraining orders (injunctions for protection): A court order may prohibit you from contacting the alleged victim, which could mean being forced to leave your home.

• Permanent criminal record: A domestic violence conviction can't be sealed or expunged under Florida law, meaning it will show up in background checks for life.

Given these harsh penalties, it's crucial to have a skilled Orlando domestic violence defense lawyer on your side to fight the charges and protect your future. After all, not only can these charges impact you legally, but they can also affect nearly every aspect of your life.

How a Domestic Violence Conviction Can Impact Your Life

Many people underestimate the long-term consequences of a domestic violence conviction, only to realize later how much it limits their opportunities. Here’s a closer look at how a domestic violence charge can impact your future:

Loss of Employment Opportunities

A domestic violence conviction on your record can make it difficult to find a job. Many employers conduct background checks, and a violent offense can disqualify you from certain positions, particularly in education, healthcare, law enforcement, and government jobs. 

Even if your current employer doesn't fire you, your reputation in the workplace may be permanently damaged.

Child Custody and Parental Rights Issues

If you're involved in a divorce or custody battle, a domestic violence conviction can have devastating effects on your parental rights. Florida family courts prioritize the best interests of the child, and a history of domestic violence can lead to:

• Loss of custody or visitation rights

• Supervised visitation requirements

• Inability to make legal decisions for your child

Even if the charge was based on false accusations, family courts tend to take a cautious approach, which can work against you. An experienced domestic violence defense lawyer can help you fight to protect your relationship with your children.

Immigration Consequences

If you're a non-citizen, a domestic violence conviction can lead to deportation, denial of citizenship, or visa revocation. U.S. immigration laws are strict when it comes to violent crimes, and domestic violence is considered a deportable offense. 

Permanent Criminal Record and Social Stigma

One of the most damaging aspects of a domestic violence conviction is that it remains on your permanent record. Unlike some other offenses, domestic violence charges can't be expunged or sealed in Florida, meaning they'll appear on background checks forever. This can affect:

• Housing applications (many landlords deny tenants with violent criminal records)

• Professional licensing (nurses, teachers, and other licensed professionals may lose their certifications)

• College admissions and scholarships (schools may reject applicants with violent criminal backgrounds)

Even if you're never convicted, being arrested for domestic violence alone can damage your reputation and personal relationships.

Loss of Gun Rights

Under federal and Florida law, a domestic violence conviction prohibits you from owning, purchasing, or possessing a firearm. If you're a hunter, security officer, law enforcement officer, or military personnel, this restriction can impact your career and personal freedoms. Fortunately, there are legal defenses to help protect your rights.

Defending Against Domestic Violence Charges in Orlando

If you've been accused of domestic violence, don’t assume that a charge automatically means a conviction. There are many defense strategies that a knowledgeable domestic violence attorney can use to fight your case:

• False allegations: It's not uncommon for individuals to falsely accuse someone of domestic violence out of anger, revenge, or to gain an advantage in child custody or divorce proceedings. Our attorneys will investigate the evidence and expose false claims.

• Self-defense: If you were acting in self-defense or defending another person from harm, this can be a valid legal defense. We can present evidence showing that you weren't the aggressor.

• Lack of evidence: The prosecution must prove the case beyond a reasonable doubt. If there is insufficient evidence, we can argue for a dismissal of charges.

• Accidental injury: Sometimes, injuries occur accidentally, and there was no intent to harm. We can argue that the incident wasn't a criminal act but rather an accident.

• Violation of constitutional rights: If law enforcement violated your rights during the investigation or arrest (e.g., unlawful search and seizure, failure to read Miranda rights), we can challenge the evidence in court.

Domestic violence cases are highly sensitive and require a strong legal strategy to protect your rights. Hiring an experienced domestic violence defense lawyer in Orlando can make handling your case easier and less stressful.