Melbourne’s crime levels are higher than most of Florida and the national average. Consequently, authorities are often stern in filing accusations and endeavoring to imprison suspected people. Domestic violence offenses are not an exception and are frequently penalized with greater severity than other violent crimes.
Any household member that has endured domestic abuse in Melbourne should consult with a top Melbourne FL domestic violence lawyer as soon as possible. Our domestic violence attorney at Figueroa Law Group, P.A. has extensive expertise in protecting families or individuals who have been victims of domestic abuse. Call us now for legal advice if you or a family member is a victim of domestic abuse.
Why Do I Need a Domestic Violence Lawyer in Melbourne FL?
Feelings might confuse your judgments whenever a legal problem hits your household. Domestic abuse is a horrible experience you do not have to go through alone. Having a top Melbourne attorney on your side is vital to help you maneuver the judiciary system.
Figueroa Law Firm, P.A. can ensure that domestic violence victims are effectively represented and secured during family law proceedings. We can assist you in managing civil litigation cases in a manner that promotes interaction and cooperation, reducing anxiety for your children and loved ones.
What Makes a Competent Domestic Violence Lawyer in Melbourne FL?
Domestic abuse or abusive behavior is a mentally painful ordeal that can severely affect a survivor’s mental health. A top Melbourne FL family violence lawyer is essential to ensure you are protected and have all of the advice and assistance you require throughout this rough phase.
- Expertise in State Statutes: A domestic abuse attorney who is well-versed in local laws is the right approach in your circumstance. It is prudent to pick a lawyer knowledgeable in Florida law to attain the best possible outcome. Fortunately, our litigation lawyers are willing to assist.
- Comparable Case History: When choosing the top domestic violence lawyer for you, one aspect to consider is the history of previous cases. Seek an attorney who excels in the domains in which your predicament calls for it. Over the years, Figueroa Law Group, P.A. has proven that we can manage any challenge. We have you covered, from simple family matters to complex child support, divorce, and family violence cases. We are here to serve you.
- Availability: Before seeking an attorney to represent you in a lawsuit concerning family violence, intimate partner violence, physical violence, or sexual abuse, look for someone available at critical stages of your case. A skilled domestic violence lawyer in Melbourne FL should be able to respond to your concerns swiftly or supply you with a timescale in which to obtain a response. Luckily, a criminal defense attorney at Figueroa Law Group, P.A. is proactive and prepared when you need them!
When domestic violence occurs inside a family, a once-healthy relationship is destroyed. Victims of physical harm, sexual abuse, dating violence, and other acts of domestic abuse harm their behavior and mental health. An emergency shelter might be essential for a victim. Contact us immediately if you have any problems. We are here to safeguard you and your loved ones.
What is Domestic Violence?
Domestic violence (or family violence) is a tagline describing violent acts or intimidation committed by persons in a specific type of connection, such as:
- They might be wedded, staying jointly, or simply courting;
- They might have a youngster in relation;
- They may be related by blood; and
- They might be straight or LGBTQ individuals.
Although everyone could be a culprit or sufferer of family violence, males striking females is more likely to end in catastrophic physical injury. Although rape and killing are examples of domestic violence, it is typically comprised of minor acts of physical abuse, such as hitting and shoving. Domestic abuse can also take the shape of stalking.
Is “Domestic Violence” a Crime?
Domestic violence is a separate crime in several states. For instance, anyone who hits their partner might be prosecuted with family violence, rather than (or in addition to) other offenses such as sexual assault and sexual battery.
For example, domestic violence in Wisconsin is considered as any of the preceding behaviors performed against a partner or ex-wife, a grownup with whom the accused dwells or formerly resides, or the guardian of the accused’s child:
- purposely causing bodily pain, damage, or disease;
- purposely causing a medical state to deteriorate (such as suffocating the victim); and
- sexual exploitation.
What is the Punishment for Domestic Violence? Is the Abusive Partner Imprisoned?
Domestic abuse punishments are different in each state. Criminal convictions entail greater consequences than misdemeanors, although even simple domestic violence acts usually result in incarceration (though not always).
Acknowledging that domestic abusers prey on their targets’ vulnerability, authorities frequently advocate for heavier penalties in domestic violence incidents. A counsel could wish somebody who abused a partner to spend more days in prison than somebody who committed the same thing to a bystander.
Domestic violence convictions often contain specific safeguards for survivors. For example, a convict for a domestic violence case might lead to obligatory prison time and a restraining order.
What Exactly is a Restraining Order? Do I Need One?
Restraining orders, often known as security (or protective) orders, are court decisions that compel someone to execute or not perform specified actions. It could be used in non-criminal circumstances, like requiring landowners to discontinue practices causing a public disturbance or ordering sides in a lawsuit to leave one another alone. In a legal setting, restraining orders are also known as temporary injunctions (which can become permanent injunctions).
Domestic violence services may be able to assist you in obtaining a protection order or permanent injunction. This injunction type usually prohibits the perpetrator from approaching or being near the victim (say, within 500 feet). An offender who infringes the conditions of a protection order, such as visiting a victim’s residence, can be incarcerated and charged with a felony.
What is Florida’s Legal Definition of “Domestic Violence”?
In Florida law, domestic violence is defined as “any attack, reckless endangerment, damage, common assault, sexual misconduct, indecent assault, surveillance, aggravated hounding, abduction, unlawful imprisonment, or any felony act that causes physical harm or the death of one household or family members.”
Law enforcement investigating a domestic abuse allegation in Florida is instructed to consider the relevant parties as “domestically related” or as “family or household members.”
Such individuals would be the following:
- A spouse and their partner who is currently married
- A man and woman who were once married but have since been divorced
- A couple who have a child together
- A man and a woman currently living or have previously lived together
- A homosexual couple who dwells together and asserts or has claimed to have an emotional bond
- Blood or marriage relatives living under the same roof, such as a mom and kid, dad as well as adopted child, or brother and sister
Domestic assault and domestic battery are two typical felonies linked with domestic abuse.
What Happens if Someone Gets Charged with Domestic Violence in Melbourne FL?
After an arrest or conviction, certain direct and indirect sanctions exist under Florida law.
- After being charged with a domestic violence offense, you may be subject to the following repercussions:
- You have no right to immediately post a bond following an arrest in order to be released from jail. Instead, you must wait until after your initial court appearance so the judge can inform you that you are prohibited from contacting the alleged victim.
- While the domestic violence case is pending, you may lose the right to return to your home or see your children.
- During the pendency of your domestic violence case, you may be required to turn over all firearms and ammunition to law enforcement.
- If you are convicted of domestic violence in Brevard County or anywhere in Florida, both state and federal law prohibits you from possessing a firearm for life.
- Even if you receive a “withhold of adjudication” or enroll in a diversion program, you will lose the right to possess a firearm during the pendency of your case and until any period of supervision is over.
- If you accept a plea involving probation and a “withhold of adjudication,” you forever waive your right to seal your criminal record, even if the charge is a misdemeanor domestic violence offense like a domestic battery.
Call our Trusted Melbourne FL Domestic Violence Lawyer Now!
If you have been the victim of domestic violence or other types of domestic abuse, Figueroa Law Group, P.A. can surely assist you and are eager to serve you through these difficult times. Domestic abuse violates your civil liberties and must be punished severely. Please call Figueroa Law Group, P. A. for immediate consultation if you or a person in your household has been subjected to this behavior.
Whenever engaging with a legal case, it is imperative to have qualified counsel on your behalf familiar with federal and state statutes. Figueroa Law Group, P.A. is a Florida law office that can help you with a wide range of legal matters such as marital agreements, child support, property division, divorce, and child custody.