Jacksonville Beach Domestic Violence Defense Lawyer

Jacksonville Beach Domestic Violence Defense Attorney

Domestic violence allegations are some of the most serious, and they have the potential to completely and permanently alter your life. If convicted, you can face significant consequences. If you’re in need of a Jacksonville Beach domestic violence defense lawyer, Kevin A. Raudt, P.A., can help you.

Jacksonville Beach Domestic Violence Attorney

When it comes to domestic violence, we understand the huge impact these accusations can have on people and their families. We work tirelessly to ensure that your desires are heard and that your rights are protected. We can help you through every step of the legal process, which can become complex in these types of cases.

With over 40 years of legal experience, we provide extraordinary legal counsel to those charged with domestic violence. We know each case is unique, and we are committed to understanding the details, gathering necessary evidence, and evaluating your case on your behalf.

What Is Domestic Violence?

In Jacksonville Beach, Florida, domestic violence is defined as acts of violence against a member of one’s family or household. The types of violence that fall under this definition include:

• (Aggravated) Assault: Assault is the intention to inflict bodily harm on someone. It does not necessarily have to result in physical contact, and verbal threats or raising a fist to inflict harm can constitute this crime. Aggravated assault is a more serious assault. This could include charging at someone with a knife.
• (Aggravated) Battery: Battery is the intentional and executed act of inflicting physical harm to another person. This could be punching or slapping, for example. Aggravated battery, like aggravated assault, is a more serious offense. For example, it can include the use of a deadly weapon.
• Sexual Assault: Sexual assault is the unwanted and nonconsensual act of sexual activity or contact. This includes rape, coercion, and unwanted physical touch.
• Sexual Battery: Sexual battery refers specifically to the touching or engagement of one’s intimate parts without their consent.
• (Aggravated) Stalking: Stalking is a behavior that is used to cause fear and harass someone. This could include following someone to their home or job, calling them on the phone excessively, sending unwanted gifts, and showing up uninvited to their location. Aggravated stalking is more serious in that it includes increased levels of danger, such as making threats of violence.
• Kidnapping: Kidnapping is the illegal abduction, transportation, and confinement of another person against their will. The intent of kidnapping is usually to perform some other crime (such as sexual assault), hold them for ransom, or exert power over them.
• False Imprisonment: False imprisonment is holding someone against their will by using illegal restraint or confinement. For instance, restricting a spouse from leaving your house can be classified as false imprisonment.
• A criminal act that results in the injury or death of another person

Domestic violence involves any of these acts being inflicted on a family or household member. These relationships include:

• Current spouses
• Former spouses
• Those living together as a family
• Those who previously lived together as a family
• Parents who have a child together, regardless of whether they were married at the time or not

Defenses Against Domestic Violence Charges

In some cases, domestic violence can be difficult to prove, especially if there is a lack of sufficient evidence. There are times when someone is charged with domestic violence due to a mutual physical altercation that ensued. An attorney will look at the facts of the case and prepare the appropriate defense. Some of the most common defenses against domestic violence include:

• Self-Defense: The defendant may argue that they were trying to protect themselves from immediate harm or danger from another person. If your partner repeatedly came at you, intending to inflict violence, you may be able to claim self-defense.
• Defending Others: If you acted in the interest of protecting another person, such as a child, from the harm of your partner, you may be able to claim that you were defending others and trying to protect them from bodily harm.
• False Allegation: Another common defense is that the accuser’s version of the events is simply untrue. Sometimes, a defendant will claim that their partner is seeking revenge for an unrelated issue. Other times, they may claim that their retelling of the events is exaggerated.
• Lack of Evidence: In domestic violence cases, if there is no visible bruising, scarring, or other physical evidence of injury, it can be difficult to prove that the violence happened. Video or photographic evidence can also be used, but without it, it becomes one person’s word against the other’s.
• Accidental Injury: In some cases, a defendant will admit that the violence happened, but it was the result of an accident. For instance, if the defendant was wielding a knife as they were attempting to chop a piece of meat for dinner, but they accidentally struck their spouse, who was standing close by, they could claim it was an accident.

Penalties for Domestic Violence

Penalties for those convicted of domestic violence can differ depending on the magnitude of the violence and the circumstances surrounding the situation. For instance, a domestic violence case resulting in the permanent injury or death of another person will result in greater penalties than those involving just a verbal threat.

According to Florida law, anyone who is convicted of domestic violence must, at minimum, serve probation. A condition of this probation is to attend a batterers’ intervention program.

In other Florida cases, a defendant may be required to complete jail time, particularly if children were present during the abuse. If someone is convicted of domestic violence that involved intentionally inflicting bodily harm to someone else, they must serve time in jail. If children witnessed the violence, they will serve more days in jail.

These minimums are for first offenses. This jail time increases for each offense, but jail time is not the only penalty that could result from a domestic violence conviction. These convictions could stay on your permanent record, which could be seen by landlords and potential employers, thus potentially preventing you from securing housing or employment in the future. You could also lose voting rights, as well as your right to carry or possess firearms.

Violating a Protection Order

In addition to inflicting violence, there are penalties for violating protection orders that were put in place as a result of domestic violence, even if no harm occurred in the violation. Violating an injunction is a first-degree misdemeanor, and you could spend up to one year in jail.

Examples of violating a protection order include refusing to vacate the premises where the parties reside, being within 500 feet of any of the petitioner’s frequent dwellings (such as their school, home, or place of employment), destroying the petitioner’s property, and contacting them directly or indirectly.

FAQs

Q: What Is the Statute of Limitations for Domestic Assault in Florida?

A: The statute of limitations for domestic assault in Florida varies depending on the type of assault. Misdemeanor charges have a shorter statute of limitations than more serious felony charges. For certain first-degree felonies that are particularly severe and violent in nature, there is no statute of limitations. This means that these charges can be prosecuted at any time, even if several years have passed since the crime was allegedly committed.

Q: How Much Does a Criminal Lawyer Cost in the State of Florida?

A: The cost of hiring a criminal lawyer in the state of Florida varies based on a number of factors. These include how complex your case is, the level of experience your lawyer has in these types of cases, and the specific services needed. It will also depend on if your lawyer charges by the hour, a flat fee, or a retainer upfront.

Q: How Many Domestic Violence Cases Happen in Florida?

A: According to the Florida Department for Children and Families, in 2020, 106,515 domestic violence cases were reported to law enforcement. Of these, 63,217 people were arrested. Domestic violence centers provided 412,360 nights of emergency shelter to 10,287 people, as well as their children. However, the true number of domestic violence situations may never be known since many of them are unreported.

Q: Are Most Domestic Violence Cases Reported?

A: It is difficult to determine the exact amount of domestic violence cases that go unreported since they are kept secret. It is known that many cases go unreported for numerous reasons. This could be fear of retaliation, shame, stigma, embarrassment, lack of awareness of available resources, fear of starting life over without the person abusing them, and distrust of authorities.

Contact Kevin A. Raudt, P.A., Today

Being accused of domestic violence is serious. It is imperative to hire a defense attorney who knows your rights and will fight tirelessly for you. Sometimes, a domestic violence situation is not as simple as it may appear to be. From wrongful accusations to mistaken identity and self-defense, we can look at the facts of your case and determine the course of action that would be the most ideal for your unique situation.

If you or someone you know is facing domestic violence allegations, contact Kevin A. Raudt, P.A. today to get started.