Tampa Domestic Violence Defense Attorney
A domestic violence charge can turn your life upside down overnight. You may be facing jail time, restraining orders, loss of gun rights, damage to your reputation, and consequences that follow you for years. Call now to speak with a local, experienced, Tampa criminal defense attorney.
Domestic Violence Defined
Section 741.28, Florida Statutes
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"Domestic Violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
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"Family or household member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Section 784.011, Florida Statutes
"An assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent." Misdemeanor assault is a 2nd degree misdemeanor.
What is Misdemeanor Assault in Florida?
What is Battery in Florida?
Section 784.045, Florida Statutes
Battery occurs when a person: (1) actually and intentionally touches or strikes another person against their will; or (2) intentionally causes bodily harm to another person.​
Section 784.041, Florida Statutes
A person commits Domestic Battery By Strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he or she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person.
What is Domestic Battery By Strangulation in Florida?
What is Aggravated Assault in Florida?
Section 784.021, Florida Statutes
"An assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent."
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Aggravated assault is an "assault" with either: (1) a deadly weapon; or (2) with an intent to commit a felony.
Section 784.048, Florida Statutes
A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of Stalking, a misdemeanor of the first degree.
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"Harass" means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.
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"Course of Conduct" means a pattern of conduct composed of a serious of acts over a period of time, however short, which evidences a continuity of purpose. The term does not include constitutionally protected activity such as picketing or other organized protests.
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"Cyberstalk" means: (1) to engage in a course of conduct to communicate, or to cause to be communicated, directly or indirectly, words, images, or language by or through the use of electronic mail or electronic communication, directed at or pertaining to a specific person; or (2) to access, or attempt to access, the online accounts or internet-connected home electronic systems of another person without that person's permission, causing substantial emotional distress to that person and serving no legitimate purpose.
What is Stalking in Florida?
What is a Violation of Injunction in Florida?
Section 741.31, Florida Statutes
A person who willfully violates an injunction for protection against domestic violence, or a foreign protection order accorded full faith and credit, by :
(1) Refusing to vacate the dwelling that the parties share;
(2) Going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member;
(3) Committing an act of domestic violence against the petitioner;
(4) Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner;
(5) Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
(6) Knowingly and intentionally coming within 100 feet of the petitioner's motor vehicle, whether or not that vehicle is occupied;
(7) Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle; or
(8) Refusing to surrender firearms or ammunition if ordered to do so by the court,
commits a misdemeanor of the first degree.
Call Now For A Free Consultation
If you've been arrested or charged with a Domestic Violence offense in Hillsborough County, Florida you don't have to face it alone. A single mistake shouldn't define your future. Our firm understands how stressful and overwhelming a Domestic Violence charge can be, from the possibility of jail time. Speaking with an experienced defense attorney as soon as possible gives you the best chance to protect your rights, challenge the evidence, and explore every available option. Call today for a confidential consultation with a local, Tampa criminal defense attorney and take the first step towards putting this behind you.
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625 E Twiggs Street
Tampa, FL 33602
Contact
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Mon - Fri
8:30 am – 5:00 pm