Orlando Domestic Violence Defense
Criminalizing Family Arguments is Not the Answer
Domestic Abuse is a fact. When people that live together get into arguments it is quite often that their emotions get the better of them. Simple arguments are a fact of life - not a crime. Does contact occur in these arguments? Yes. Is this battery? No, not always.
If someone punches another in their face then we can be pretty sure it was a battery. But if someone blocks another person from leaving and that person pushes the other out of the way - is that a battery? The law may say yes but reality screams "No!"
And what about the lies...
People in relationships are tied together emotionally. When an argument gets heated it is often due to emotion. When the police are called out to a domestic dispute it is usually the emotion that does the talking and the truth is not often spoken. Remember that exaggerations, omissions, and half-truths are all various forms of lying. "Did he push you?" may often be responded to with a "yes" without the "but I was preventing him from leaving the house." "Did he touch you against your will?" may be answered with a "yes" without the "but he did so to stop me from hitting him."
Because of emotion, Domestic Violence is often over-charged. Many times the actual violence occurs by the one person later listed as the victim. The defendant tries to leave and is prevented or attacked typically leaving bruises on both people. We are, of course, not talking about true domestic violence - we are talking about 90% of the cases that the State files on that involve single episodes of volatile argument.
Immediate Consequences of Domestic Violence
When a person is arrested for domestic violence he or she will be jailed without bond until he or she meets with a judge. Usually, at the first appearance (definition), the judge will determine the conditions of release. These conditions will typically entail restrictions such as (1) not returning to the home, (2) be restrained from having any contact with the victim, and (3) not possessing weapons or firearms. If a person has someone living in their home and is accused of domestic violence they can be ordered out of their own home while the other person occupies it.
If Found Guilty of Domestic Violence
When a person is found guilty of a Domestic Violence offense his or her arrest record will be permanently marred - it cannot be sealed or expunged. This means anyone can look it up and see the charges about domestic violence. Most people will automatically conclude that the person is violent regardless of the facts. Some types of employment, such as Nursing, will not be receptive to these types of criminal accusations either.
Batterer's Intervention Program
A conviction will also require that the accused attend and pay for a 26-week Batterers Intervention Program (definition). Like most court ordered contract-counseling programs, some are money-mills taking more care in collecting money than in counseling anyone. This program is required for anyone who is found guilty of domestic violence or has entered into a diversion program for domestic violence or has had an injunction against domestic violence entered against them.
Criminal Penalties
Domestic violence is a modifier. It is added to any number of criminal offenses that fall under the definition of domestic violence. The maximum penalties for domestic violence depend on the offense that is charged. For example, domestic violence battery is punishable with up to a year in jail and up to a $1,000 fine (the maximum penalties for battery).
Immigration Issues
If the defendant is not a United States citizen and he or she is found guilty of domestic violence there is a very good chance he or she will face deportation. Domestic violence is a deportable offense. There is an argument that misdemeanor offenses would not cause deportation but that is a risk that should be avoided at all costs. All non-citizens should hire an attorney experienced with domestic violence defenses as soon as possible. This includes permanent residents.
To Retain Orlando Criminal Defense Attorney Eric J Dirga
The key to defending a domestic violence case is to act fast. We have defended many people accused of domestic violence and we have come to realize that the earliest intervention is the best. This includes actual instances of domestic violence and cases that do not include repetitive conduct. If you are listed as a victim of domestic violence but you believe that the police have it wrong - we can help. The State Attorney's are under a lot of pressure to pursue these cases and will not back down easily. We can present your position to the state and any clarifications to statements already made.
If you have questions contact us. Our consultations are always free.
