Domestic Violence Lawyers in Jacksonville

Most people do not realize that a conviction for domestic violence can have long reaching consequences above and beyond just criminal liability. Civil and Injunctive relief can, and often time does extend to a defendant when a charge of domestic violence is made. If you have been charged with domestic violence it is imperative to contact your domestic violence lawyers in Jacksonville at MCGRATH GIBSON immediately so the proper steps can be taken to protect your rights as a defendant.

One of the keys to a proper defense for a charge of domestic violence is to open the lines of communications with the prosecuting agency as soon as possible to gain access to names of potential witnesses and to review physical evidence that may be used against you. The sooner you domestic violence lawyers in Jacksonville at MCGRATH GIBSON can begin their investigation, and review documents and question witnesses, the more effective your domestic violence lawyer can be in determining defenses in your case.

Domestic violence is defined under Florida Law as:

741.28 Domestic violence; definitions.

(1) “Department” means the Florida Department of Law Enforcement.
(2) “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
(3) “Family or household member” means 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, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
(4) “Law enforcement officer” means any person who is elected, appointed, or employed by any municipality or the state or any political subdivision thereof who meets the minimum qualifications established in s. 943.13 and is certified as a law enforcement officer under s. 943.1395.

741.2901 Domestic violence cases; prosecutors; legislative intent; investigation; duty of circuits; first appearance.

(1) Each state attorney shall develop special units or assign prosecutors to specialize in the prosecution of domestic violence cases, but such specialization need not be an exclusive area of duty assignment. These prosecutors, specializing in domestic violence cases, and their support staff shall receive training in domestic violence issues.
(2) It is the intent of the Legislature that domestic violence be treated as a criminal act rather than a private matter. For that reason, criminal prosecution shall be the favored method of enforcing compliance with injunctions for protection against domestic violence as both length and severity of sentence for those found to have committed the crime of domestic violence can be greater, thus providing greater protection to victims and better accountability of perpetrators. This provision shall not preclude such enforcement by the court through the use of indirect criminal contempt. The state attorney in each circuit shall adopt a pro-prosecution policy for acts of domestic violence, as defined in s. 741.28, and an intake policy and procedures coordinated with the clerk of court for violations of injunctions for protection against domestic violence. The filing, non-filing, or diversion of criminal charges, and the prosecution of violations of injunctions for protection against domestic violence by the state attorney, shall be determined by these specialized prosecutors over the objection of the victim, if necessary.
(3) Prior to a defendant’s first appearance in any charge of domestic violence as defined in s. 741.28, the State Attorney’s Office shall perform a thorough investigation of the defendant’s history, including, but not limited to: prior arrests for domestic violence, prior arrests for nondomestic charges, prior injunctions for protection against domestic and repeat violence filed listing the defendant as respondent and noting history of other victims, and prior walk-in domestic complaints filed against the defendant. This information shall be presented at first appearance, when setting bond, and when passing sentence, for consideration by the court. When a defendant is arrested for an act of domestic violence, the defendant shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903. In determining bail, the court shall consider the safety of the victim, the victim’s children, and any other person who may be in danger if the defendant is released.

741.281 Court to order batterers’ intervention program attendance.

If a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence, as defined in s. 741.28, that person shall be ordered by the court to a minimum term of 1 year’s probation and the court shall order that the defendant attend and complete a batterers’ intervention program as a condition of probation. The court must impose the condition of the batterers’ intervention program for a defendant under this section, but the court, in its discretion, may determine not to impose the condition if it states on the record why a batterers’ intervention program might be inappropriate. The court must impose the condition of the batterers’ intervention program for a defendant placed on probation unless the court determines that the person does not qualify for the batterers’ intervention program pursuant to s. 741.325. The imposition of probation under this section does not preclude the court from imposing any sentence of imprisonment authorized by s. 775.082.

At MCGRATH GIBSON our experienced team of domestic violence lawyers in Jacksonville fight to protect your rights and limit the criminal and civil exposure that can result from being accused of or arrested for domestic violence. If you have been accused of domestic violence, contact the Law Offices of McGRATH GIBSON as soon as possible so that we can immediately take the necessary steps to protect your rights.

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If you or a loved one is facing accusations of domestic violence or has been arrested for domestic violence, it is important to retain experienced legal representation as soon as possible. Receiving the guidance and representation of an effective defense attorney before any hearings or pleadings can dramatically improve the outcome of your defense.

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Understanding Domestic Violence

The following two paragraphs of Florida statute 741.28 clearly explain what is defined as domestic violence and identifies persons who may be accused of and face charges of domestic violence according to Florida Law:

741.28 (2): “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

741.28 (3): “Family or household member” means 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, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

If you are being accused of some type of violence that does not meet the above definitions. You cannot be charged with Domestic Violence.

Being Convicted of Domestic Violence – Jail, Probation and Intervention Programs

Statute 741.281   Court to order batterers’ intervention program attendance explains that “a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence” shall be ordered to a minimum term of 1 year’s probation and to attend and complete a batterer’s intervention program. However the court may in it’s discretion, may not order the batterer’s intervention program condition.

741.283 Minimum term of imprisonment for domestic violence stipulates the mandatory minimum number of days of jail a person convicted of domestic violence must be ordered to serve. As a part of sentencing, the court must order:

  • 10 days in the county jail for the first offense.
  • 15 days in the county jail for the second offense.
  • 20 days in the county jail for the third and any subsequent offenses as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility.

Further, Statute 741.283 stipulates that if you are convicted of committing domestic violence in the presence of a child under the age of 16, As a part of sentencing, the court shall order:

  • 15 days in the county jail for the first offense.
  • 20 days in the county jail for the second offense.
  • 30 days in the county jail for the third and any subsequent offenses as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility.

Being falsely accused to domestic violence can happen for a multitude of reasons. Whatever the reason, it is imperative to take the accusation very seriously. If your accuser goes so far as to seek a “Petition for Injunction for Protection Against Domestic Violence”, and the court awards the Petitioner, (the person making the claim of domestic violence) a Injunction, as stated in Statute 741.30 you could be faced with:

  • Being ordered out of your home and ordering 100% exclusive use of your home to the petitioner.
  • Loosing your rights under a child custody sharing program to see and visit with your children.
  • Being ordered to pay support for the petitioner and their dependents.
  • Being order to attend and pay for treatment, intervention or counseling.
  • Even loosing control and access to a domestic family pet.

If you have been accused of domestic violence and are facing charges or possible arrest, contact MCGRATH GIBSON’S domestic violence lawyers in Jacksonville as soon as possible at (904)  358-3300 so that we can take immediate steps to protect you and your rights.

Jacksonville Florida Criminal Defense Attorney Disclaimer:

The lawyers of McGRATH GIBSON are licensed to practice in the states of Florida, Georgia, and North Carolina. Additionally, we represent victims of and those accused of domestic violence throughout the United States pro hoc vice, and with the help of local counsel. While we strive to personally handle all types of domestic violence, there are occasions where cases may be referred to another lawyer. We proudly offer representation to Military Veterans and the Men and Women who currently served our armed forces at the Mayport Naval Station, Naval Air Station of Jacksonville, Camp Blanding, United States Army, Army Reserve, United States Marines, Florida National Guard, Air National Guard, United States Coast Guard, Air Force, and Air Force Reserve. McGRATH GIBSON family law attorneys offer representation in the areas of Family Law, Divorce, Alimony, Child Custody and Child Support throughout Florida. Representation for Military Divorce handled throughout the United States and U.S. Territories independently or with local counsel where required.

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