Jacksonville Domestic Violence Attorney

The law defines family or household members as:

• Spouses
• Former spouses
• Persons related by blood or marriage
• Persons who are presently residing together as if a family or who have resided together in the past as if a family
• Persons who are parents of a child in common regardless of whether they have been married

It is important to note that you can be charged with domestic violence even if you did not physically harm the alleged victim. For example, if you are accused of threatening to harm your spouse, you could be charged with domestic violence. Additionally, you can be charged with domestic violence even if you did not have any physical contact with the alleged victim. For example, if you are accused of stalking your ex-girlfriend, you could be charged with domestic violence.

What Are the Consequences of a Domestic Violence Conviction?

Domestic violence is a serious crime. If you are convicted, you could face severe penalties, including jail time, fines, and more. The specific penalties you face will depend on the circumstances of the case, including the severity of the alleged victim’s injuries and whether you have any prior domestic violence convictions.

Domestic violence is typically charged as a misdemeanor in Florida. However, it can be charged as a felony if:

• You have a prior domestic violence conviction
• You have a prior conviction for any other violent crime
• You caused serious bodily injury to the alleged victim

If you are convicted of a domestic violence misdemeanor, you could face up to one year in jail, up to one year of probation, and/or a fine of up to $1,000. If you are convicted of a domestic violence felony, you could face up to five years in prison, up to five years of probation, and/or a fine of up to $5,000.

In addition to these penalties, you may also be ordered to complete a 26-week batterer’s intervention program, which is a type of counseling. You may also be ordered to pay restitution to the alleged victim to cover the cost of any medical treatment they received as a result of the alleged domestic violence.

Can a Domestic Violence Charge Be Dropped by the Victim?

One common misconception about domestic violence cases is that the victim has the power to drop the charges. In Florida, once domestic violence is reported and charges are filed, the case is no longer solely in the hands of the alleged victim. Instead, the decision to proceed with the case rests with the state prosecutor. Even if the victim wishes to retract their statement or no longer wants to pursue charges, the prosecutor may continue with the case if there is enough evidence to support it.

Prosecutors take domestic violence cases seriously and aim to protect victims who may be hesitant or afraid to move forward with legal action. They may believe that external pressure or fear of retaliation from the accused is influencing the victim’s desire to drop the charges. In some situations, the victim may provide an affidavit of non-prosecution, which indicates their wish not to move forward with the case. However, this does not guarantee that the charges will be dropped.

A skilled Jacksonville domestic violence attorney can help navigate this complex process. They can work to demonstrate the victim’s wishes while building a defense that highlights any inconsistencies or weaknesses in the prosecution’s case. If the state decides to move forward, the attorney can advocate for reduced charges or dismissal, depending on the circumstances and evidence.

Contact our Jacksonville domestic violence lawyer by calling (904) 656-6333 today!