Jacksonville Domestic Violence and Abuse Laws

The domestic violence defense attorneys at Robert Shafer & Associates in Jacksonville explain the evolving laws governing the defense process for criminal charges.

Florida statutes provide a definition under which domestic abuse applies. Statue 741.28 defines domestic violence as "any assault, battery, sexual assault, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit."

Individuals who have been accused of domestic abuse in Jacksonville are likely to face criminal charges. Following bond, domestic abuse cases are assigned to prosecutors as criminal cases. Florida has special prosecution departments specifically set up for domestic violence cases. As such, legal machinery against those accused of abuse is in gear quickly. The case has a pretrial phase, as well as a trial phase. There are situations where the case will be resolved prior to trial. If it goes to trial, it appears before judge or jury, and a sentence is passed.

It is highly advisable to utilize the services of domestic violence defense attorneys through every stage of the process.

If you or someone you love has been arrested for domestic violence, the situation is serious.  Since the 1990s, increased awareness and attention has been given to domestic abuse cases. This is frequently attributable to high profile cases of abuse, in which significant suffering and death was involved.

Previously, if victims of domestic abuse did not want to prosecute the case would be dismissed. That is not currently so. Law enforcement now takes a much more aggressive position in enforcement and prosecution. This is reflected in the existence of specialized divisions dedicated to domestic violence within prosecutor’s offices, and stronger efforts to bring to trial and conviction.

Florida domestic violence laws have in general become more aggressive. Police are now empowered to decide at scenes of domestic disturbance and to make arrests on the spot. Further, police can be charged for not making an arrest if the scene escalates following their departure.  Thus, they are more likely to take a stricter approach.

Other laws indicate a more aggressive legal stance toward domestic abuse cases. For example, whereas in other criminal cases bond can be obtained prior to seeing a judge, in domestic violence cases, this is not so. As such, individuals often must spend the night in jail. Further, typically one of the conditions for release involves a stay order in which the accused may not have contact with the alleged victim until after the criminal case is resolved.

 

In addition, the State Attorney's Office has designated a special division to aggresively prosecute Domestic Violence cases, often times against the wishes of the alleged victims.  The government will have specialists that may be seeking to incarcerate you - don't face such a serious situation alone.

It is crucial for individuals accused of domestic abuse to engage the services of attorneys as early as possible in the process. Domestic abuse lawyers can provide counsel and legal advice on your behalf as to updated Florida domestic abuse laws. The law offices of Robert Shafer & Associates, P.A. have been protecting individuals accused of domestic abuse for over 18 years. As premier Northern Florida criminal defense attorneys, we have garnered a reputation as extremely knowledgeable, aggressive, and effective lawyers. We treat individuals with respect and dignity.
 
For a free initial consultation, use our web based contact form, or call us today toll free at 866-681-9544.