Domestic violence is unfortunately a more common occurrence than what anyone would like to admit. No one is proud of doing it or being accused of it. If you or your loved one has been charged with domestic violence in Melbourne, FL, or the Brevard County area, don’t hesitate to give us a call. Our Criminal Defense Attorneys will listen to your side of the story, gather the facts, and help you get the best resolution possible for your situation without any judgment, we are here to help you.
In the State of Florida “domestic violence” is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault or battery, stalking or aggravated stalking, kidnapping, false imprisonment, or any criminal offense that causes physical injury or death on any household or family member by another household or family member. This could be a spouse, romantic partner, ex, anyone related by blood, or simply people who reside or have resided together in the past. This also includes people who have a child together, regardless of marriage status.
If you are the victim of domestic violence in Melbourne, or Brevard County, FL, you should check out the Brevard Family Partnership website, they offer useful resources to help you during this difficult time.
What are the Punishments for Domestic Violence in Brevard County?
If you are found guilty of a domestic violence offense, you may be ordered by the court to a minimum of one-year probation in addition to attending and completing the batterers’ intervention program, of course could be in addition to time behind bars as follows:
- If the accused is adjudicated guilty and has intentionally caused bodily harm to the victim, the court shall order the offender to a minimum of 10 days in the county jail, for a 1st-time offense
- For a second offense, it would be a minimum of 15 days in the county jail
- For a third or subsequent offense, it would be a minimum of 20 days in the county jail
- If the accused is adjudicated guilty and has intentionally caused bodily harm to the victim in the presence of a minor child under the age of 16, who is a family or a household member of the victim or the offender, the court may order the accused to serve 15 days in the county jail for the first offense
- 20 days for the second offense in the county jail
- 30 days for a third or subsequent offense in the county jail
If there has been an injunction for protection filed against you by the victim and granted by the judge, you must be extremely cautious and follow all the stipulations, failing to adhere to these could result in additional criminal charges. Some of the stipulations could include:
- Vacating the home/residence you share with the victim
- Staying 500 feet away from the victim’s residence, school, job, or a place known to be regularly visited by the victim
- Not communicating or contacting the victim directly or indirectly, unless the injunction clearly states there can be contact through a third party
- Not knowingly or purposely coming within 100 feet of the victim’s vehicle, whether the vehicle is occupied or not
- Not destroying the victim’s personal property, or committing another act of violence against them
If you or your loved one find themselves in a situation where you are being accused of domestic violence? Call us right away at 321-473-3621 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Melbourne office, we have offices in the following cities across the state of Florida:
- Kissimmee
- Jacksonville
- Sanford
- Ocala
- Clearwater
- Orlando
- Fort Myers
- Daytona Beach
- Miami
- Lakeland
- Fort Lauderdale
- Sarasota
- Tampa
*Additional Orlando Florida & Orange County Legal Resources