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Domestic Violence FAQ’s

Knowledgeable Attorney Answers Your Frequently Asked Questions about Domestic Violence in Florida

Determined lawyer provides reliable information on domestic violence charges

If you are facing charges of domestic violence, it is essential for you to be prepared for what’s ahead. The legal process is daunting, but with the help of a skilled attorney you can fight the charges against you. At Joseph Montrone, Jr., P.A., we are dedicated to defending you. Our experienced attorney answers some of our clients’ most frequently asked questions about domestic violence in Florida:

At our firm, we work closely with our clients to develop innovative strategies to defend against your domestic abuse charges.

Contact our Largo, Florida office to learn more

To speak with an experienced domestic violence defense attorney at Joseph Montrone, Jr., P.A., contact us online or call us at 727.304.4123 today. From our Largo, Florida office, we represent clients throughout the state.

What acts can be considered domestic violence?

If performed against a family or household member, the following acts can lead to a charge of domestic violence:

  • Assault
  • Aggravated assault
  • Sexual assault
  • Sexual battery
  • Battery
  • Aggravated battery
  • Kidnapping
  • False imprisonment
  • Stalking
  • Aggravated stalking
  • Criminal sexual contact

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 Who can file for a domestic violence injunction?

A petition for a domestic violence injunction must come from a family or household member, which can include:

  • A spouse
  • An ex-spouse
  • A relative by blood or marriage who you currently live with or have lived with in the past
  • Anyone who lives or has lived with you in the same residence
  • Anyone with whom you have had a child, regardless of if you live together
  • Someone with whom you have or had a dating relationship

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What is a Temporary Restraining Order?

The alleged victim of the domestic violence may seek to have a Temporary Restraining Order (TRO) against the abuser. The TRO prohibits the accused from contacting the plaintiff on a temporary basis. The goal is to protect the plaintiff from their abuser before the criminal trial starts. A TRO usually lasts for 10 days.

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What are the penalties for a domestic violence conviction?

The potential consequences of a domestic violence conviction include community service, probation, and prison time. All Florida domestic violence convictions involving bodily harm require a minimum sentence of five days in jail. Probation will last a minimum of one year, and it includes mandatory completion of the Batterers Intervention Program. You cannot own, use or possess a firearm if you have been convicted of domestic violence. The court may issue a permanent restraining order prohibiting you from contacting the victim.

The other penalties and the length of a prison sentence depend on the circumstances, the severity of the abuse and the evidence of continual abuse. If the abuse is deemed simple battery or assault, it is a first degree misdemeanor resulting in a brief jail sentence, probation, and possible fines. However, aggravated battery and assault are third-degree felonies subject to lengthier jail time and heftier fines.

Because of the wide range of potential charges and consequences, it is imperative to be represented by an attorney who knows how to advocate for you.

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