Domestic Violence & Violation of Injunction


Your Best Defense Against Domestic Violence Charges in Orlando

Typically, law enforcement agencies have a policy that if they respond to a domestic complaint, they have to make an arrest. The victim in a domestic violence case often doesn't want the other person arrested. Often, he or she just need some space and time away from the accused. They usually get more than they asked for when their spouse or boyfriend is arrested, hauled to jail and charged with domestic battery. If you are arrested for domestic violence, the courts will almost always prevent you from seeing the alleged victim, even if the alleged victim is your wife. The courts may even prevent you from going back to your own home.

At The Bigney Law Firm in Orlando, Florida, we routinely help people accused of domestic violence get their charges dropped. Our lawyers are dedicated to protecting you from the serious consequences a domestic violence arrest and injunction can have on your life. We offer a free initial consultation to evaluate your case and explore defenses.

Once an arrest is made, domestic violence cases can gain a dangerous momentum that is hard to stop. Even if the victim does not pursue the case, the state of Florida will.

The criminal charge for domestic violence is a first degree misdemeanor punishable by as much as a year in jail.

If you are found guilty of domestic battery, at bare minimum, you will have to participate in a six-month battery intervention program. You will be barred from possessing weapons. If you are a teacher or police officer, you may lose your job. Few employers would want to hire someone who has been convicted of domestic battery.

Defenses in Domestic Violence Cases

If the alleged victim of a domestic violence case is interested in the criminal charges being dropped, our lawyers can help prepare a declination of prosecution to present it to state attorney's office. That will usually result in the charges going away. An accused should never themselves try to convince the alleged victim to drop the charges. This conduct could be considered witness tampering or a violation of a condition of pretrial release and result in more criminal charges being filed.

Our lawyers can also examine the motives of the victim. Spousal abuse allegations often arise in divorce cases and in an effort to gain the upper hand in a child custody dispute.

What is an injunction

A domestic violence injunction is a court protective order that often goes hand in hand with a domestic battery case. An injunction prevents an accused from contacting the alleged victim, from going to the alleged victim's place of employment and home. While an injunction is a civil court order, violating an injunction is a crime, even if the allegations alleged in the injunction are false and the injunction is later dismissed.

Free Case Evaluation

If you face domestic assault charges, your best defense is to contact a lawyer as soon as possible. To schedule a free case evaluation with an attorney at the Bigney Law Firm, call 407-792-2923 any time of the day or night or fill out our contact form. For your convenience, our office is located in downtown Orlando, Florida, one block behind the courthouse. Se habla Español.

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