Criminal Defense Over 12 Years' Experience Protecting Your Rights

Jacksonville Domestic Battery Defense Attorney

What Are Florida’s Domestic Violence Laws?

Domestic battery usually involves a fight between a husband and a wife, but domestic violence has a specific definition and can take place between family members or people who have children together. Common examples include mother and a child, or a boyfriend and girlfriend who don’t live together but do have a child together.

When clients call our office about a pending domestic battery, there is a common misconception that the alleged victim can drop the charges. That is not the case! The victim is a witness in the case, only the state attorney can make the decision to drop the case. It is very important to consult with a Jacksonville battery defense attorney early on, so steps can be taken to communicate the victim’s wishes to the prosecutor.

Domestic Violence & Domestic Battery Penalties in Florida

Domestic violence charges can carry the following penalties:

  • First degree misdemeanor, it is punishable by up to $1000 fine and 1 year in jail
  • Minimum mandatory five days in jail
  • Mandatory 26-29 weeks long batterers intervention program
  • Cannot seal or expunge your criminal record (even if adjudication is withheld)
  • Forfeit your right to have a gun while on probation, even for a misdemeanor
  • Your concealed weapons permit will be revoked

When a person is arrested for domestic violence in Duval, Clay, or St. Johns Counties, he or she will be:

  • Jailed without bond until he or she meets with a judge (i.e. first appearance). This will take place within 24 hours.
  • At the first appearance, the judge will determine the conditions of release.

Conditions of release usually are as follows:

  • Cannot return back to the house if the alleged victim also resides there. Please understand it does not matter who owns the house or whose name is on the lease.
  • No contact with the victim. This means no texting, calling, emailing or person to person contact.
  • The defendant cannot have any weapons or firearms. If the person does own firearms, law enforcement will take them.

Five things to remember about domestic battery charges:

  • Permanent criminal record
  • Mandatory jail time if there were injuries
  • For non-citizens this can be treated as a deportable offense
  • Cannot seal criminal record (even if adjudication was withheld)
  • Mandatory counseling

Call our Jacksonville battery defense attorneys at The Law Offices of Kate Mesic at (904) 615-8950 today. We offer free legal consultations to help you learn about your options.

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Our attorneys will be your guides through this uncomfortable and stressful time. Fill out our secure online form or call (904) 615-8950 to get started.
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