Domestic Violence - Florida Statute 741.28

assault and battery

Are you being charged, in Palm Beach County, Florida with Domestic Violence?  We are Domestic Violence Attorneys located in West Palm Beach.  When you are arrested for Domestic Violence you want a lawyer that understands and practices in this area of law.  Don’t hire a lawyer that dabbles in the art of criminal defense, hire a criminal defense attorney that has extensive experience in Domestic Violence cases.  Your attorney needs to have knowledge and experience but also needs to know the players.  Knowing the players comes from years of being inside the courtroom.  Finding the best criminal defense attorney in Palm Beach County, for your case, is difficult.  You need to review their educational background, experience in criminal cases, their reputation in the community, and their ability to communicate with you, the client.  The quality of the criminal defense attorney you hire to defend your Domestic Violence case is extremely important.  We ask that you consider our South Florida Criminal Defense Attorneys.

Florida Statute 741.28 makes it a crime to commit an act of violence against another family member or household member. Law Enforcement agencies take the crime of Domestic Violence very seriously in the State of Florida and make arrests daily for this crime. Often, the arrestee is required to leave his or her home and not have any contact with his or her family until the resolution of the matter.

For the Florida Statute section on Domestic Violence, see §741.28, Florida Statutes.

What the State Prosecutor has to Prove to Convict a Defendant of this Crime

In order to convict a defendant of Domestic Violence, the prosecutor for the State of Florida has to prove:

  1. There was a criminal offense resulting in physical injury or death, and
  2. That the crime resulting in physical injury or death was committed against a “family or household member.”
Who constitutes a “family or household member?”

Florida Statute 741.28 provides an extensive list of who can be considered a family or household member, and includes spouses, former spouses, blood relatives, people related via marriage, people who live together as a family, people who have resided together in the past as a family, and people who have a child in common (even if they have never been marred). are parents of a child in common regardless of whether they have been married.

Examples of Domestic Violence in Florida

Domestic Violence crimes in Florida are wide-ranging and can include assault, battery, sexual battery, rape, child abuse, false imprisonment, stalking, or any physically harmful crime committed against a household member or family member.

Simply throwing an item across the room can be considered domestic violence. Even attempting to stop another from leaving the scene by grabbing them, taking that person's keys, or locking the door can result in criminal charges for domestic violence.

Defenses to Domestic Violence in Florida

There are defenses to Domestic Violence, some of which are statute specific. For example, with the exception of people who have a child in common, the “family or household members” against whom the domestic violence was committed must be currently living together in one house, or must have lived together in the past in one house. If the defendant and victim do not have a child together and never lived together, any physical violence would not be domestic by statutory definition.

When the police are sent to investigate Domestic Violence incidents, they tend to be on high alert because the parties involved are often emotionally charged. Police officers in Florida tend to assume that everyone involved in a domestic call is dangerous. Due to the heightened perceived threat, police officers are usually more aggressive in these types of situations and are much more likely to make an arrest for public policy reasons. Arrests are often made without any common sense justification, but rather to defuse the situation. When officers are called out to a domestic dispute, they are making an arrest – an arrest can rarely be stopped.

A person who is facing an arrest for domestic violence, especially when it is for something as simple as grabbing a phone from someone’s hands, can feel overwhelmed and extremely emotional. However, your actions following an arrest for Domestic Violence can make all of the difference in the world regarding the final outcome of your case. It is important that you do not fight with the police officers and that you exercise your right to remain silent. You can fight the charges later in court where cooler heads can prevail.

Punishment for Domestic Violence in Florida

Domestic Battery is a first-degree misdemeanor in Florida, punishable by up to one year in jail. However, if person has intentionally caused bodily harm to another person, there is a minimum mandatory sentence of 5 days in county jail, which may also be in conjunction with other penalties. Additional penalties include a batterer’s intervention program, probation, community service hours, and an injunction (or “no contact” order). Any "guilty" or "no contest" plea will mark your criminal record for life.

Contact The Law Office of Roger P. Foley, P.A.

A Domestic Violence defense lawyer from our firm can guide you through the process. When the firm accepts a case, we accept it with the ultimate goal of obtaining the best outcome possible. Never accept a plea bargain without the advice of an experienced attorney. With an attorney on your side, you may possibly be acquitted, have your charges dismissed, or be able to complete a diversion program in lieu of criminal proceedings. Mr. Foley may be able to negotiate reduced charges, and, depending on the circumstances, may be able to get the charges dismissed altogether - that is always the goal. If you have been arrested for Domestic Violence in the Boca Raton, West Palm Beach or Boynton Beach area, take quick action and contact a Palm Beach County Domestic Violence Defense Attorney today.

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Client Reviews
I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Roger is a BULLDOG! He was great and very aggressive in helping me beat this bogus case. Case was dismissed! He was on top of everything until the end!!
Now again in need of his help and wouldn't go anywhere else!
HIGHLY RECOMMEND
★★★★★
My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. We would highly recommend as it is obvious to us That Mr Foley Genuinely cares and wants to do the Best he can for you which he did for us. Also has a great rapport with all parties in the courtroom.....
★★★★★
Roger P. Foley got me reinstated. Also he got my COS waived, an got me to still be terminated off of probation on my expected termination date. I feel very comfortable with the decision my lawyer made for me. Also i would refer him to anyone who has a criminal felony or misdemeanor case.
★★★★★
Roger is a very compassionate person, he truly cares about his clients. He helped me with my case and was there for me every step of the way even if it was just reassurance that I needed. I would recommend him to anyone, he is absolutely the best!
★★★★★
I think your firm did a great t job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that you and your firm put forth in obtaining the results that we did on this case.
★★★★★