West Palm Beach Domestic Violence Defense Lawyer

Domestic violence charges are among the most serious you can find yourself facing in Florida. It’s crucial that you take every possible step to protect your freedom, your future, and your reputation. The best place to start is to hire a reliable, skilled West Palm Beach domestic violence lawyer.

If you’re convicted, the potential penalties can impact your life for years to come. This is why it’s so important to work with a dedicated, knowledgeable attorney like Andrew Simko of The DUI Center.

If you or a loved one has been charged with any kind of domestic violence, call (561) 951-1264 for your free case evaluation.

How Does Florida Law Define Domestic Violence?

The Florida Statutes § 741.28 defines domestic violence as:

“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.”

You may be surprised to find that you can be charged with domestic violence even if you aren’t married or related to the accuser. Under Florida law, a household member can be:

• Your wife or husband
• Your ex-wife or ex-husband
• Your biological children
• Your stepchildren
• Your grandchildren
• Your parents
• A person you’ve had a child with
• Unrelated people who currently live with you as a family
• Unrelated people who previously lived with you as a family

Another lesser-known, but very important, definition related to domestic violence comes from Florida Statutes § 784.046:

“‘Dating violence’ means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature.”

Said another way, even if you’ve never shared a home with the accuser, certain charges can be considered domestic violence/dating violence in specific scenarios.

Types of Domestic Violence

There are many types of domestic violence beyond physical assault. The recognized forms of domestic violence include:

• Physical abuse – Pushing, slapping, punching, hitting, biting, kidnapping, etc.
• Emotional abuse – Bullying, stalking, intimidation, making threats, or any behavior meant to frighten/intimidate/isolate
• Sexual abuse – Rape, sexual assault, coercing or attempting to coerce nonconsensual sexual behavior
• Economic abuse – Taking steps to financially isolate someone and force them to rely on you

When these types of offenses are committed against a member of your household or someone with whom you have a romantic relationship, you’re charged with domestic violence instead of, for example, simple assault.

Penalties for Domestic Violence in Florida

The penalties for domestic violence in Florida vary widely depending on the exact nature of the charges. Basically, you face the consequences for the offense itself and for the fact that the alleged victim is a member of your household.

These potential enhanced penalties include:

• Financial restitution paid to the victim
• Permanently barred from owning a firearm
• A minimum of five days in jail if there’s any evidence of bodily harm
• A conviction on your criminal record that can never be sealed or expunged
• One year of mandatory probation, including counseling and treatment programs
• Injunctions preventing you from contacting or getting within a certain radius of the victim
• Mandatory completion of a 26-week batterer’s intervention program, including paying tuition

Any or all of these can be added to the penalties for the offense itself. For felony charges, this can mean years in a state prison facility, thousands of dollars in fines, plus the consequences listed above.

The best way to achieve a favorable outcome and avoid these life-changing penalties is by working with a dedicated domestic violence defense attorney near me in West Palm Beach like Andrew Simko of The DUI Center.

Work with a Dedicated, Focused, and Knowledgeable West Palm Beach Domestic Violence Lawyer

Domestic violence charges can forever alter the course of your life. Judges and prosecutors aren’t the only ones who take a very severe view of these offenses—relationships with your loved ones and colleagues are likely to suffer, too.

The best way to protect your freedom and your future is by working with a skilled, reliable, and knowledgeable lawyer for domestic violence charges in West Palm Beach FL who has achieved successful outcomes for past clients.

These qualities are exactly what you can expect when you work with Andrew Simko of The DUI Center. If you or a loved one are facing domestic violence charges in West Palm Beach, call The DUI Center now at (561) 951-1264 for your free consultation.

West Palm Beach Domestic Violence Lawyer FAQs

Can charges be dropped in a domestic violence case in West Palm Beach?

Charges in a domestic violence case in West Palm Beach can only be dropped by the prosecution, not by the victim. This is because, per the Florida Statutes § 741.2901:

“Criminal prosecution shall be the favored method of enforcing compliance with injunctions for protection against domestic violence as both length and severity of sentence for those found to have committed the crime of domestic violence can be greater.”

Working with a dedicated, attentive West Palm Beach domestic violence lawyer who can launch their own independent investigation into your case is the best path forward.

If, for example, your attorney can prove the evidence is insufficient, you stand a much better chance of getting the charges dismissed.

What are the consequences of violating a restraining order in West Palm Beach?

The consequences of violating a restraining order in West Palm Beach include:

• First-degree misdemeanor charges on your criminal record
• Up to one year in county jail
• Up to $1,000 in fines

If you’re accused of committing an additional crime, such as stalking your accuser while violating the restraining order, you may face more severe charges and penalties.

What are the lifelong legal consequences of a domestic violence conviction in West Palm Beach?

The lifelong legal consequences of a domestic violence conviction in West Palm Beach are:

• Permanent mark against you – Since domestic violence convictions in FL can’t be expunged or sealed, your conviction will always be visible on your criminal record
• Loss of concealed carry permit – Your CCP will be suspended indefinitely once you’re charged, and it may not be restored if you’re convicted
• Barred from firearm possession – Under both state and federal law, you’ll permanently lose the right to own, possess, buy, or transport a firearm
• Legally mandatory fines and jail time – Even after you complete your sentence, you may struggle with issues like financial debts and being hired for certain jobs

  A domestic violence conviction can cast a long shadow over your life for years to come. The sooner you start working with a knowledgeable West Palm Beach domestic violence lawyer, the sooner you can start fighting to protect your freedom. Call The DUI Center now at (561) 951-1264 for your free case evaluation.