Domestic Violence

Domestic violence is defined as any assault or battery, when a family or household member causes physical harm or death of another in the home. A family or household includes spouses, former spouses, individuals related by blood or marriage, any persons living together or have lived together as a family in the past. A domestic relationship could also involve a person you’ve been dating or to whom you are engaged or a person with whom you’ve had a child.

Domestic violence crimes in Florida include criminal homicide, manslaughter, forcible rape forcible sodomy, forcible fondling, aggravated assault, aggravated stalking, simple assault, threat/intimidation, arson and stalking charges.

If you are a victim of domestic violence, you may obtain emergency protection from further abuse by filing a petition for a domestic violence injunction, also known as a restraining order.

Through a domestic violence injunction, the court orders your abuser to stop the violence or harassment, leave the shared residence, avoid contact with you at home, work, or school, and attend appropriate counseling. The injunction may also provide temporary child and/or spousal support, as well as temporarily settling child custody and visitation rights, and the occupancy of your home.

An attorney is not required to file a petition for a domestic violence injunction. However, in cases of domestic violence, once the injunction is filed, the victim often requires temporary child support and orders for child custody. When you are a victim of domestic violence, the Law Firm of Shanna Rose, Esq. can help protect your rights under the law.

Domestic Violence Charges & Penalties · Domestic Violence Defense

If you are facing domestic violence allegations, retaining a lawyer as soon as possible is imperative. While domestic violence laws serve to protect victims, unfortunately the law is open to manipulation by dishonest spouses and partners or even reports by neighbors. You may find yourself falsely accused, arrested and subject to conditions of an injunction, before you have time to defend yourself.

Florida statutes impose heavy penalties domestic violence convictions. A case can be brought and you can be found guilty, even if the victim takes back the original charge or fails to appear at trial. Sentences for convictions are as follows:

• A minimum five-day mandatory jail sentence if the court finds that you intentionally caused bodily harm to another person. Maximum penalties vary with the nature of the charges made against you.
• Second and subsequent convictions are a third-degree felony.
• Each domestic violence offender is required to pay a $201 surcharge on any court-imposed fine.
• Offenders on probation or community control are required to successfully complete 26-29 week Batterers' Intervention Program.

In addition to state penalties for domestic violence, there are Federal penalties as well, which mean:

• You can never again own, be in possession of, or in the vicinity of any firearm or ammunition, which also means you cannot get a hunting license, be in a hunting camp or be around other hunters.
• Because cartridges used in nail guns are considered ammunition, you may not work in many construction jobs.
• You may lose your job, including a government, teaching and nursing position to name a few, nor can you get a future job in these professions.
• You will not be able to obtain a security clearance and may lose any current clearance you have.
• You will be discharged from the military or not allowed to re-enlist.

At the Law Firm of Shanna Rose Esq., we have extensive experience in litigating domestic violence cases. It is crucial to seek legal counsel the moment allegations are brought against you. Your attorney’s immediate actions can make a significant difference in the outcome in your defense.

Whether you are a victim of domestic violence or have been accused of domestic violence, an experienced attorney can help protect your legal rights. When you need legal advice or have questions concerning domestic violence, call our Longwood office today at 407-712-7661 to arrange a free initial consultation.