Orlando, FL Domestic Violence Attorney

Domestic violence charges involve offenses committed by individuals in close relationships, such as between boyfriends, girlfriends, spouses, or other household members. These offenses can range from physical acts of violence, such as assault, to psychological abuse, such as stalking or intimidation. When police officers arrive at a scene of alleged domestic violence, there is a tendency to side with the victim, a bias that can be difficult for many defendants to overcome.

At The Wiseman Law Firm, our Orlando domestic violence defense lawyer has over 20 years of experience and understands the complexities of domestic violence charges. We also know that there is often more to the story than what the alleged victim or the prosecutor is presenting. Our attorney can thoroughly investigate the details of your case and walk you through every step of the criminal justice system. From questioning witness testimony to challenging restraining orders and uncovering underlying motives for the charges, we analyze each case from all possible angles.

Facing domestic violence charges? Tell us your side of the story.

How Can a Domestic Violence Lawyer at The Wiseman Law Firm Help Your Case?

When facing domestic violence charges, the stakes are incredibly high, with your future, reputation, and freedom at risk. In such critical times, having a seasoned Orlando, FL domestic violence lawyer from The Wiseman Law Firm by your side makes a significant difference in the outcome of your case.

We increase the chances of a successful resolution in your domestic violence case in the following ways:

In-Depth Case Investigation

Our team will meticulously investigate your case from all angles. We understand that there’s often more to the story than what is initially presented. By delving into the details, we aim to discover any inconsistencies or weaknesses in the prosecution’s case that could work in your favor.

Strategic Legal Negotiation

With over 20 years of experience, our legal team is adept at presenting your case in the most favorable light. We negotiate effectively with prosecutors, which can lead to reduced charges or better plea bargains, thereby minimizing the potential impact on your life.

Continuous Communication

Navigating the complexities of a domestic violence case can be overwhelming. We prioritize keeping you informed about every development in your case, ensuring you understand and are involved in key decision-making processes.

Professional Representation in Court

If your case proceeds to trial, you need an Orlando domestic violence lawyer with proven courtroom skills. Our attorney, Simon Wiseman, is a former prosecutor with extensive trial experience, giving him a unique perspective on both sides of the legal system and enabling him to advocate powerfully on your behalf.

Customized Defense Strategies

Recognizing that every case is unique, we offer personalized legal services. We listen to your goals and craft strategies that reflect your specific needs. This bespoke approach ensures your defense is as robust and effective as possible.

24-Hour Availability

Understanding that legal issues can arise at any time, we offer 24-hour availability to our clients. This commitment to accessibility ensures that you have the support and guidance you need, whenever you need it.

First-Class Reputation and Proven Results

Our law firm is highly recommended by past clients and peers in the legal community. We have a reliable track record of obtaining favorable results in high-stakes cases, including dismissals, acquittals, and reduced charges.

Focus on Protecting Your Rights and Future

Domestic violence charges have long-lasting effects on your life. We are committed to protecting not just your immediate interests but also your future, including aspects like employment, reputation, and family relations.

At The Wiseman Law Firm, we understand the sensitivity and complexity of domestic violence cases. Our goal is to provide you with the legal support, guidance, and advocacy you need during this challenging time. Contact us today for a free consultation, and let us help you navigate the legal system with confidence and effectiveness.

How Does Florida Define Domestic Violence?

Domestic violence is a criminal offense committed against a person’s family or household member. Under Florida Statute § 741.28, crimes that could be considered domestic violence include:

• Assault,
• Aggravated assault,
• Battery,
• Aggravated battery,
• Sexual assault,
• Sexual battery,
• Stalking,
• Aggravated stalking,
• Kidnapping,
• False imprisonment, or
• Any other offense that could result in physical injury or death of a family or household member

If someone visits your house and you intentionally hit them, you could be charged with battery.

However, the offense becomes domestic violence if the person you struck was a:

• Spouse
• Former spouse
• Relative through blood or marriage
• Person you currently or formerly lived with as a family
• A person with whom you have a child
• A person you live with now or in the past in the same home

After the alleged act, any of the people listed above could petition the court for a domestic violence injunction against you. They could also do so if they fear you could carry out a physical injury-causing offense on them. If the court approves the protection order, you would be required to follow the conditions of it until it is modified or dissolved.

What Happens if I Violate a Domestic Violence Protection Order?

In Florida, if your family or household member believes you committed an act of violence against them or pose a risk of engaging in such conduct, they may petition the court for a protection order. Also known as a domestic violence injunction, the order places specific conditions on you that you’re legally required to follow. If you violate the terms, you could be charged with a misdemeanor.

The conditions the court deems necessary as part of the injunction can include, but are not limited to:

• Ordering the respondent not to commit acts of domestic violence
• Making the respondent leave the home they share with the petitioner
• Requiring the respondent to stay away from the petitioner
• Awarding the petitioner a 100% time-sharing in a temporary parenting plan
• Ordering the respondent to participate in a treatment program
• Requiring the respondent to surrender their firearms

Without effective legal representation, it’s highly probable that the Court will issue a protection order, preventing you from making any contact with the alleged victim and from returning to the location of the incident, which may be your own residence. Your criminal defense lawyer will make a formal request to the court for you to be able to communicate with the alleged victim and to seek authorization for your return home. It’s important to note that the modification of a protection order can only be granted by a judge, not the alleged victim. Having The Wiseman Law Firm by your side to present your case in court significantly enhances your chances of a favorable outcome.

Penalties for Violating a Domestic Violence Protection Order

If your family or household member believes you violated the domestic violence injunction, and you have not been arrested for an alleged offense, they may notify the court in the county in which the alleged violation occurred. If a crime has been committed, a notification must be sent to the local law enforcement agency to investigate.

If the court finds that you willfully violated the order of protection, you could be charged with a first-degree misdemeanor. The potential conviction penalties include a jail term of up to 1 year and a fine of up to $1,000.

Fighting to Protect Your Future & Reputation

Our Orlando domestic violence attorneys understand the impact domestic violence charges can have on your future. In addition to the criminal penalties, you may end up with a criminal record that can compromise your job and housing opportunities. If you have children with the victim, your charges may also negatively affect your child custody rights.

Possible penalties for domestic violence include the following:

• Probation
• Batterers’ intervention program
• Minimum of 5 days jail time
• Fines

Florida does not allow for the expungement of domestic violence charges, which means that you may have to live with your charges for the rest of your life. Our domestic violence defense attorney can help you build a strong case aimed at protecting your future. As a skilled negotiator and experienced trial attorney, you can trust our Orlando, Florida domestic violence lawyer to competently handle your case at all critical junctures.

4 Potential Defenses in a Domestic Violence Case

A domestic violence defense lawyer diligently works to construct the strongest possible defense by thoroughly investigating every detail of the case. Our approach includes a comprehensive examination of all case aspects and the filing of legal motions to support your defense. Law enforcement officers must observe specific protocols during evidence collection in domestic violence arrests. Our expertise often enables us to convince the court to dismiss unreliable witness testimonies or to exclude evidence that was gathered inappropriately.

Key defenses in domestic violence cases often involve the following strategies:

Lack of Proof

One of the primary defenses in a domestic violence case is the lack of proof. The prosecution must prove beyond a reasonable doubt the defendant committed an act of domestic violence. If there is insufficient evidence or if the evidence is unreliable or contradictory, this defense may be applicable.

Self-Defense

Self-defense is a common defense in domestic violence cases. This defense is applicable if the defendant can demonstrate that their actions were a necessary and reasonable response to protect themselves from imminent harm. The key factors include the immediacy of the threat and the proportionality of the response.

False Accusations

In some cases, defendants may argue he or she has been falsely accused of domestic violence. This defense requires evidence that the accuser had a motive to lie, such as jealousy, revenge, or the desire to gain an advantage in a custody dispute.

Alibi

An alibi defense is used when the defendant can prove that they were not present at the time and place where the alleged domestic violence occurred. This can be supported by witness testimony, surveillance footage, or other forms of evidence.

To understand which defense strategies are best applicable in your unique case, speak with the experienced criminal defense lawyer at The Wiseman Law Firm. We will help you navigate any challenges you may face, seeking to protect your reputation and freedom.

Speak With the Domestic Violence Lawyer at The Wiseman Law Firm

Facing domestic violence charges can have severe implications for your future, reputation, and freedom. It’s a situation that demands the focused knowledge of a seasoned attorney at The Wiseman Law Firm in Orlando. With over 20 years of experience, our approach is comprehensive, delving into every aspect of your case, challenging restraining orders, scrutinizing witness statements, and exploring underlying motives behind the charges. Recognizing that there’s often more to the story than what appears initially, our attorney, Simon Wiseman, guides you through each step of the criminal justice system. We are committed to presenting your case in the best light, whether through strategic negotiations for reduced charges or robust defense strategies in court.

Contact our Orlando, FL domestic violence attorney for a consultation by calling (407) 420-4647 or filling out a contact form, and let us advocate for your rights and future.