Florida Domestic Violence Lawyer
Under Florida law, domestic violence refers to assault, battery, stalking, sexual abuse, false imprisonment, or kidnapping carried out by one household member against another.
If you have been the victim of domestic violence, Florida has laws that protect you. Our compassionate Florida domestic violence lawyer is ready to listen to your case, answer all your questions and concerns, and represent you in litigation if necessary. State laws are complex, and partnering with a local and experienced law firm like us will make it easier to navigate the process.
How The Law Offices of Travis R. Walker Can Help With Your Domestic Violence Case
Our team understands the hardships and stress domestic violence victims experience and has the knowledge and compassion it takes to support you every step of the way. For over two decades, The Law Offices of Travis R. Walker, P.A., has helped victims of domestic violence in Florida’s Treasure Coast through the toughest of cases and obtained the best results possible.
Our mission is to help you get your life back on track and move forward with peace of mind. We guide our clients through challenging times as efficiently as possible by focusing on their success at each stage of the legal process.
An attorney will listen to your case compassionately and pursue a restraining order if you believe you’re in danger of immediate harm. We’ll then explore all avenues available to protect you and your loved ones from an abusive household member. Our law firm offers consultation to prospective clients so you can meet with the team and learn how we can help with your case.
Testimonials From Our Clients
We are committed to providing comprehensive legal services and doing our best to obtain favorable outcomes. Here’s feedback from some of the people who have hired our services and what they have to say about our law firm:
Travis and his team truly care about their clients and go above and beyond to achieve the best possible outcome. If you’re in need of legal representation for personal injury, estate planning, and family law I wholeheartedly recommend the Law Office of Travis R. Walker. Thank you for your outstanding service! – Meghan C.
The best legal team on the Treasure Coast. They get things done quickly and on time every time. They fight for you, and they take it personal. They do their best to provide the best legal services. Not my first time using Travis Walker and his associates, and certainly won’t be my last. Would highly recommend Travis and his legal team. – George L.
Travis Walker’s knowledge of the law is outstanding. His mannerism is extraordinary. I applaud Mr Walker for his compassion and understanding when it comes to handling the sensitive nature of family cases. His ability to keep me centered and focused during a very emotional time was impressive. I highly recommend him and his courteous, capable, and helpful staff. – Kay D.
Domestic Violence Laws in Florida
Florida laws treat domestic violence as a criminal act rather than a private civil matter. This offers more protection for victims and demands more accountability from perpetrators. The legal consequences for a domestic violence conviction depend on the offense and its severity and can include criminal fines and penalties.
Besides these penalties, a judge may also require an abuser to attend compulsory batterer’s intervention programs, impose firearm restrictions, or order immigration consequences for non-U.S. citizens.
Battery and Aggravated Battery
Battery is intentionally touching or striking someone against their will, while aggravated battery involves a deadly weapon and causes serious harm. The penalties for battery are up to $1,000 in fines or one year in jail, while the consequences for aggravated battery are up to a $10,000 fine or 15 years in prison.
Assault and Aggravated Assault
Assault is unlawful and intentional threatening of another person with violence, while aggravated assault is assault with a deadly weapon and intent to kill or commit a felony. The penalties for assault are up to $500 in fines and 60 days in jail and up to $5,000 in fines and five years in prison for aggravated assault.
Stalking and Aggravated Stalking
Stalking refers to consistent unwanted attention directed to a victim, either physically or online. Aggressive stalking involves credible threats or violation of a restraining order. The penalties for stalking are up to $1,000 in fines and one year in jail, while penalties for aggressive stalking include up to a $5,000 fine or five years in prison.
Sexual Assault and Battery
Sexual assault is violence of a sexual nature without the victim’s consent, while sexual battery involves forced penetration. Penalties can vary depending on factors like age or harm caused and often involve lengthy sentences and even life imprisonment.
Domestic Violence Resulting in Bodily Harm
The minimum prison term for domestic violence causing bodily harm to the victim is 10 days in county jail for the first offense, 15 days for the second, and 20 days for the third and subsequent offenses. If the crime occurred in the presence of a household member under 16, the penalties are 15 days in county jail for the first offense, 20 days for the second, and 30 days for the third and subsequent offenses.
The Legal Process for Domestic Violence Cases in Florida
The legal process for domestic violence cases in Florida can be confusing, but there are laws to protect victims. If you or someone you love is suffering from domestic abuse, you can contact the police to report the abuser.
A law enforcement officer will be dispatched to the scene for investigations and is allowed to arrest the perpetrator if there’s enough evidence that violence has occurred. Since domestic violence is a crime in Florida, arresting and charging the abuser doesn’t require a victim’s consent.
The officer must also give the victim a notice containing local resources to help them find shelter. They’ll also give the victim a paper notifying them of their rights to a criminal complaint and a restraining order to prevent further abuse. A restraining order prevents the abuser from coming near any places the victim visits, including their home and workplace.
After an arrest, the abuser must remain in jail until the arraignment or first appearance, which is typically within 24 hours of arrest. At the arraignment, the defendant can enter a plea of guilty, not guilty, or no contest.
If the defendant pleads not guilty and does not agree to a plea deal, there will be a trial to determine their guilt. If the defendant is found not guilty, they will be released from custody. If found guilty, they will be sentenced under the sentencing guidelines provided by state law.
Victims of domestic violence can also seek an injunction, also known as a restraining order, from a court. Such a protective order prohibits the perpetrator from coming within a certain distance of the victim. If the perpetrator violates the order, the court can impose criminal consequences.
After the petition is filed, a judge may issue a temporary injunction if there is an immediate threat. The judge makes this decision based on the facts provided in the petition paperwork.
For a long-term restraining order, the court must hold a full hearing, during which the perpetrator will be present and have the opportunity to argue against it
Role of a Florida Domestic Violence Lawyer
The legal complexities of a domestic violence case, whether as a victim or defendant, make it essential to work with an attorney. At The Law Offices of Travis R. Walker, P.A., we will focus on making things easier by:
- Educating you about your rights and the protections available to you, potential consequences for the defendant, and how to navigate the process
- Providing legal advice based on our years of experience handling family law matters, including the knowledge of local domestic violence laws
- Assessing your case by reviewing the facts, gathering and evaluating the evidence, and building effective strategies if you want to file for divorce or pursue a civil claim
- Representing your interests in court proceedings by cross-examining witnesses, presenting arguments, and defending your rights
- Assisting you in filing the necessary paperwork and arguing in court to obtain a restraining order against an abuser
- Negotiating with the other party on your behalf to reach a favorable resolution if you file for divorce or file a lawsuit
- Bolstering your case by leveraging our network of expert witnesses and collaborating with other members of our team, such as divorce lawyers.
Qualities To Look for in a Florida Domestic Violence Attorney
When you’re dealing with a case of domestic violence in Florida, you need a lawyer who’s knowledgeable about state law and has a proven track record of helping clients obtain favorable outcomes. Our chief domestic violence attorney, Elaine Simon, has over a decade and a half of experience providing comprehensive legal services in family law matters.
You can learn more about your potential law firm by looking at their past clients’ stories through testimonials. During such stressful moments, it’s crucial to work with a domestic abuse lawyer who treats you as a person and not just another client in their books. Most law firms offer a consultation session before hiring. Utilize this time to gauge their level of professionalism and whether they have the expertise you need to handle your case.
Our Florida Family Law Attorneys
The Law Offices of Travis R. Walker, P.A., provides aggressive and compassionate advocacy and representation for our clients. Our mission is to ensure that each one of our clients gets their life back on track and moves forward without fear. Our attorneys are highly skilled in domestic violence law and are prepared to take on even the toughest cases. We know that you’re going through a difficult situation. We’re not just here to be your legal advocates. We’re here to provide the strength and support you need.
Getting started with your domestic violence case is straightforward. First, reach out at 772-732-2552 or by filling out our online form. We will then arrange a consultation to learn more about your case and explain your legal rights and options.
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