Experienced Defense Against Domestic Violence Charges in Pasco County
Last updated on June 24, 2024
Accusations of domestic violence can come out of nowhere, particularly in a divorce when one spouse is looking to gain leverage over the other. When facing this tough issue, it’s important to work with a skilled domestic violence defense attorney.
At Bauer, Crider, Kindel and Parry, our lawyers have more than 100 years of combined experience with these types of issues, and our firm has served the Tampa Bay area since 1989. We regularly represent clients in local, state, and federal courts, helping them navigate the most complex criminal charges levied against them.
Have you been charged with domestic violence? Our team of lawyers are ready to represent you. Call
Bauer, Crider, Kindel and Parry today at 727-275-9822 or contact us online to get started!
What is Domestic Violence?
Domestic violence is defined as any pattern of abusive behavior used by one partner to obtain or maintain power over the other partner. It can take many forms — sexual abuse, physical abuse, emotional abuse, economic abuse, or psychological abuse. Domestic violence can also encompass other types of behavior, such as intimidation, humiliation, isolation, and threats.
Domestic violence encompasses many different types of violent crimes, including:
- Assault
- Aggravated assault
- Battery
- Aggravated battery
- Sexual assault
- Sexual battery
- Stalking or aggravated stalking
- Kidnapping
What are the Penalties for Domestic Violence in Florida?
In Florida, domestic violence laws can carry a minimum punishment to include county jail time. In addition, a state prosecutor may pursue additional charges of other criminal offenses, such as assault and battery. Depending on the severity of the crime, domestic violence charges can result in punishments of up to 15 years in prison.
To combat domestic violence and other violent crimes against women, the Florida Coalition Against Domestic Violence (FCADV) was formed in the 1980s. The organization is the professional association for Florida’s domestic violence centers, representing battered women and their children in public policy.
What is a Restraining Order?
A restraining order is a temporary court order used to prevent an individual from approaching or contacting someone else. If your partner or family member is considering taking out a restraining order against you, know that there are specific qualifications that must be met.
Above all, alleged victims must first be able to show that they are or have been a victim of domestic violence, which includes having a viable reason to fear that they may be harmed. The Clearwater domestic violence lawyers at Bauer, Crider, Kindel and Parry can answer your questions about this complex issue.
How Can A Domestic Violence Lawyer In Help You?
A domestic violence lawyer can help you if you have been charged with domestic violence. Domestic violence is a serious charge and can result in jail time, a fine, or both. If you have been charged with domestic violence, you need to contact an attorney immediately. The longer you wait to do so, the more you will be risking your rights and your future. A lawyer will review your case and determine the best course of action for your defense.
Our domestic violence lawyers in Pasco County have experience defending clients against domestic violence charges and will work tirelessly to ensure that you receive the best possible outcome in your case. Contact our criminal defense firm today to discuss your case and begin developing your defense. We will work with you to ensure that you receive the best possible outcome in your case.
How to Obtain a Restraining Order
To file the petition, these steps must be followed:
- Visit the courthouse: This is where a petition for a restraining order can be obtained.
- Fill out the petition: The petition will include specific information about alleged occurrences of domestic violence. During this step, many choose to consult a qualified attorney for advice. The petition must be notarized to be valid.
- Bring the petition to a judge for review: The judge will decide whether the information included on the petition indicates a true threat. If so, the judge officially issues a temporary restraining order.
What is False Imprisonment?
False imprisonment charges apply when someone abducts, imprisons or restrains another against their will and without their consent. It often arises in domestic violence situations and may involve physical force, threats and manipulation, to name just a few causes.
There are four different things that a Florida prosecutor must prove when someone is accused of false imprisonment. First, they must prove the victim was confined and/or taken without their consent. Second, they were restrained or trapped by a person who had no legal authority to do so.
False imprisonment may take place in a specific location, such as a bedroom or apartment, or it can involve simply not allowing another to leave a location. Legally, everyone has a right to exercise their own free will to come and go as they please. Interfering with this basic right could lead to false imprisonment charges.
Can This Apply to Children?
Yes, the law applies to everyone, including children. In Florida, false imprisonment of a child under 13 is a third-degree felony. It escalates to first-degree if accompanied by offenses like sexual battery or aggravated abuse. Consent from a parent or guardian is essential; otherwise, it is deemed against the child’s will, warranting severe legal consequences and potentially life imprisonment.
What Does False Imprisonment Look Like?
It can have many faces. For instance, merely holding someone’s arm to stop them from exiting a vehicle could be false imprisonment. Threatening to harm someone or their loved ones to force them to stay can also be false imprisonment, even if no physical violence occurs.
Mandatory Arrest Laws
Florida has mandatory arrest laws for domestic violence calls. If the officers have probable cause of abuse or bodily harm, they must make an arrest, and the victim may be unable to drop the charges. Law enforcement officers have no choice but to act, making it critical for the accused to involve an attorney as early as possible.
Call Bauer, Crider, Kindel and Parry For Help
If you are facing charges or allegations of abuse or false imprisonment, our office has the experience, skill and professionalism to handle your defense. To set up a consultation with board-certified lawyers, contact us via email or call 727-275-9822 today. Your initial consultation is free.
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