Jacksonville Domestic Violence Attorneys
24/7 Legal Support for Domestic Violence Cases in Duval, St. Johns, Nassau, & Clay County
If you are facing domestic violence charges, it is crucial to hire an experienced attorney who can fight for your rights and protect your future. At Monroe Law, P.A., we are dedicated to helping clients defend themselves against domestic violence accusations, and we are ready to fight for you in and out of the courtroom.
Call our Jacksonville domestic violence attorneys at (904) 507-6194 or contact us online today.
What is Considered Domestic Violence in Florida?
In the state of Florida, domestic violence is defined broadly and encompasses various forms of abusive behavior. According to Florida Statute 741.28, domestic violence includes 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. These acts of violence are not solely limited to physical harm; verbal abuse, intimidation, and emotional abuse are also recognized as forms of domestic violence. A domestic violence attorney in Jacksonville can help you understand the full scope of what constitutes domestic violence and whether the actions in question qualify under the law.
Penalties for Domestic Violence Charges in Jacksonville
If convicted of a domestic violence charge in Jacksonville, the penalties can be severe and life-altering. The consequences depend on the nature and severity of the offense, as well as the defendant's prior criminal history. Common penalties include:
- Jail or Prison Time: Depending on the severity of the charge, individuals can face significant time in county jail or state prison. A misdemeanor domestic violence conviction could result in up to one year in jail, while felony convictions carry even harsher sentences.
- Fines: Monetary penalties can range from a few hundred dollars to several thousand, depending on the severity of the offense.
- Probation: Those convicted may be placed on probation, which includes stringent conditions such as regular check-ins with a probation officer, attending mandatory counseling sessions, and abstaining from drugs and alcohol.
- Restraining Orders: Victims of domestic violence can obtain restraining orders that legally prevent the abuser from making any contact with them. Violation of a restraining order results in additional criminal charges and penalties.
- Loss of Custody Rights: A domestic violence conviction can adversely affect parental rights, including losing custody or visitation rights of one's children.
- Community Service: Courts may order offenders to complete a certain number of community service hours as part of their sentence.
- Mandatory Counseling or Anger Management Classes: Education and rehabilitation programs may be mandated to address behavioral issues contributing to the domestic violence incident.
A domestic violence attorney in Jacksonville can look into your case details and help pursue the best legal strategy to mitigate these penalties and protect your rights.
Defending Against Domestic Violence Charges
Facing domestic violence charges in Florida can be a daunting experience; however, it's crucial to remember that every accused individual is entitled to a strong legal defense.
Key Defense Tactics for Domestic Violence Allegations
- Establishing Reasonable Doubt: One of the primary objectives of any defense is to create reasonable doubt in the prosecution's case. This can involve challenging the credibility of witnesses, disputing the evidence presented, and highlighting inconsistencies in the alleged victim's statements.
- Asserting Self-Defense: In some cases, individuals may claim self-defense if they believe their actions were necessary to protect themselves from harm. Demonstrating that you acted in self-defense, with a genuine fear of imminent harm, can be a viable defense strategy.
- Exposing False Accusations: False allegations of domestic violence can and do occur. Your defense attorney will work to uncover any motives, contradictions, or evidence that suggests the accusations are not credible or were made with malicious intent.
- Challenging Insufficient Evidence: The prosecution must prove your guilt beyond a reasonable doubt. If there is insufficient evidence to support the charges against you, your defense attorney can challenge the prosecution's case and argue for a dismissal or acquittal.
- Addressing Constitutional Violations: Any violations of your constitutional rights during the arrest, investigation, or trial can lead to the exclusion of evidence or even the dismissal of charges. This includes violations of your Fourth Amendment rights against unreasonable searches and seizures and your Fifth Amendment rights against self-incrimination.
- Utilizing Character References: Presenting character references and evidence of a history of non-violence can help counter the image of an alleged aggressor.
- Leveraging Expert Witnesses: Depending on the circumstances, expert witnesses, such as forensic psychologists or medical professionals, may provide testimony that supports your defense.
How Domestic Violence Lawyers Can Help
Navigating the complexities of domestic violence charges can be an overwhelming and daunting experience. Domestic violence lawyers guide accused individuals through the legal process, ensuring their rights are protected, and advocating for their best interests. These attorneys bring invaluable expertise and experience to the table, providing a strong defense to help mitigate or dismiss charges. They conduct thorough investigations, gather exculpatory evidence, and develop a strategic defense plan tailored to each client's unique circumstances. Moreover, domestic violence lawyers offer emotional support and legal clarity, assisting clients in understanding their options and potential outcomes.
Services Provided by Monroe Law Firm
Our attorneys at Monroe Law Firm are dedicated to delivering comprehensive legal representation for clients facing domestic violence charges. We offer a wide-ranging suite of services designed to protect your rights and achieve the best possible outcomes in your case. Here’s why you should choose us to represent you:
- Initial Case Assessment and Consultation: Our attorneys conduct an in-depth initial consultation to understand the specifics of your case, providing you with honest and transparent legal advice.
- Personalized Defense Strategy Development: Each client's case is unique, and we tailor our defense strategies to fit the particular circumstances of your situation, ensuring a personalized approach.
- Thorough Investigation: We meticulously investigate the allegations against you, gathering all relevant evidence, interviewing witnesses, and identifying inconsistencies or false claims made by the prosecution.
- Expert Negotiation: Our lawyers possess extensive experience in negotiating with prosecutors. We strive to reduce charges, achieve favorable plea deals, or even dismiss charges when possible.
- Courtroom Representation: With a strong track record of courtroom success, our attorneys confidently represent you in court, presenting a compelling defense to protect your rights and fighting tirelessly for your acquittal.
- Legal Support Throughout the Process: We provide continuous legal support from the moment you hire us to the conclusion of your case, ensuring you are well-informed and prepared at all stages of the legal process.
- Protection of Rights: Monroe Law Firm is unwavering in our commitment to protecting your constitutional rights. We identify and challenge any violations that may have occurred during your arrest or investigation, working to exclude any unlawfully obtained evidence.
- Resource Access: Clients of Monroe Law Firm benefit from our extensive network of expert witnesses and specialists, including forensic psychologists and medical professionals, who can provide critical testimony in your defense.
- Holistic Support: We understand the emotional and personal toll that domestic violence charges can take. Beyond legal defense, we offer resources and referrals for counseling and support services.
Navigating domestic violence charges requires a skilled Jacksonville criminal defense attorney who is well-versed in both the legal aspects and the complexities of these cases. It's essential to consult with an experienced defense attorney who can assess the specifics of your situation, build a robust defense strategy, and advocate for your rights in court.
Call a Dedicated Jacksonville Domestic Violence Lawyer Today!
Choosing Monroe Law Firm means choosing a team of dedicated professionals who prioritize your defense and future. Our commitment to justice, personalized approach, and relentless advocacy set us apart as the premier choice for domestic violence defense in Jacksonville.
Remember that you have the right to legal representation, and exercising that right is fundamental to safeguarding your interests and seeking a fair outcome.
Call us today at (904) 507-6194 or contact us online to schedule your consultation and take the first step towards a strong defense.
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What Is Considered a Domestic Violence Charge in Florida?
In Florida, domestic violence is legally defined as any of the following acts committed by one family or household member against another:
- Assault
- Aggravated assault
- Battery
- Aggravated battery
- Sexual assault
- Sexual battery
- Stalking
- Aggravated stalking
- Kidnapping
- False imprisonment
- Any criminal offense that results in physical injury or death of a family or household member by another family or household member.
This can include alleged abuse between a spouse, ex-spouse, current or former live-in partner, a parent of a child in common, or anyone else related by blood or marriage. It can also include anyone who is or has been in a dating relationship with the defendant.
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What If I Have Not Been Formally Charged with Domestic Violence?
Even if you are never formally charged with domestic violence, you may still face serious consequences without the help of a lawyer.
For example, if you were involved in a domestic dispute, you may have been served with a restraining order that prevents you from contacting your accuser. Being served with a restraining order is a serious and immediate problem that requires immediate attention.
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What Are the Penalties for Domestic Violence in Florida?
Under Florida Statute § 741.28, the penalties for a domestic violence conviction include:
- A misdemeanor of the second degree, punishable by up to 60 days in jail and a fine of up to $500
- A misdemeanor of the first degree, punishable by up to 1 year in jail and a fine of up to $1,000
- A felony of the third degree, punishable by up to 5 years in prison and a fine of up to $5,000
- A felony of the second degree, punishable by up to 15 years in prison and a fine of up to $10,000
- A felony of the first degree, punishable by up to 30 years in prison and a fine of up to $10,000
As a result of the domestic nature of the offense, individuals convicted of domestic battery will also be subject to heightened mandatory penalties as outlined in Chapter 741 of the Florida Statutes.
These additional consequences may include:
- Completion of a 26-week Batterer’s Intervention Program (BIP).
- Additional community service requirements.
- The forfeiture of important civil liberties, including the right to carry a concealed weapon.
- The issuance of an injunction or 'no-contact' order.
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Can I Be Arrested for Domestic Violence If I Never Got Charged?
You may have been involved in a domestic dispute, and your accuser may have been served with a restraining order against you. A restraining order is a court order that prevents you from contacting your accuser and entering the residence or workplace where they live or work.
If you violate a restraining order, you can be arrested and charged with a crime. The crime you are charged with will depend on the circumstances of the violation. For example, if you violated the restraining order by contacting your accuser by phone, you can be charged with a misdemeanor of the first degree.
If you violated the restraining order by physically hurting your accuser, you can be charged with a felony of the third degree.
Contact our Jacksonville domestic violence lawyers today to make sure you are protected and have the best possible defense on your side, no matter the details surrounding your situation.
What Sets Us Apart From The Rest?
Monroe Law, P.A. is here to help you get the results you need with an award-winning team you can trust.
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We tailor custom defense strategies for each client's unique situation.
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We have experience on both sides of the courtroom.
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Don't hesitate! Give us a call whenever you need legal help.
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Get started on your award-winning defense with a free consultation today.
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Attorney D. Scott Monroe is one of the best lawyers. He fights day and night for his clients, and he is just a phone call away. Mr. Monroe has a great & devoted team working with him and they are awesome. I recommend this law firm.- Nativita A.
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I called Mr. Monroe around 9 p.m. and left a voicemail, and he immediately called me back. He went above and beyond to keep me safe and I felt like he truly cared about me as a person.- Michaela L.
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Scott Monroe is the best criminal defense attorney in Jacksonville, Florida. There were many difficult times throughout the process, in view of the serious accusations, but Scott and his team never quit!- Ben S.
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Scott Monroe is top notch. From the minute I spoke to to him, everything gained clarity and was explained in detail. I would recommend Monroe Law Firm for anyone needing legal expertise. Thank you for assisting me with my needs!- Eric M.