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Domestic Violence

Domestic Violence Lawyer in Clearwater, FL Handles Your Case with Sensitivity and Dedication

Understanding domestic violence and helping clients in danger

Domestic violence occurs when a family or household member causes physical injury or death to another family or household member. In most cases, the legal definition requires that the family or household members are living together or have previously lived together. This includes spouses and former spouses, relations by blood or marriage and persons who live together as a family even if there is no marriage. Domestic violence may also occur between two people who have a child in common, even if they have never lived together. Domestic violence in Florida is a matter of great concern to law enforcement and those affected by its occurrence. Serious measures have been adopted to deal with this unfortunate issue.

Many criminal acts, punishable in their own right, also serve as the basis for domestic violence charges if the persons involved are family or household members, or have a child in common. These include the following:

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

Time in county jail and imprisonment may result from a conviction for domestic violence if the perpetrator intentionally caused bodily harm to the victim. One year of probation is also required for anyone guilty of domestic violence or who has had adjudication withheld or pleads nolo contendere to domestic violence. A court may also order the person to attend a batterer’s intervention program.

Obtaining a restraining order in a domestic violence case to protect the victim

If you are a victim of domestic violence in Clearwater, FL or believe you are in immediate danger of becoming a victim, you need the assistance of a criminal law firm that can help you seek legal protection by filing for a restraining order. A restraining order is an injunction that orders your abuser to stop doing certain acts, such as coming near you or abusing you. If the person against whom a restraining order has been issued violates its terms, they can be arrested. Having an injunction allows you to call the police, report violations and ask them to arrest the individual if abuse continues. If your abuser is not arrested, you can file a petition in civil court to enforce the injunction and recover money damages, among other remedies. Proving that domestic violence has occurred, or that you fear immediate danger, requires presentation of evidence to the court. At the law office of Joseph Montrone, Jr., P.A., I help clients obtain both temporary and final injunctions against domestic violence by presenting physical evidence, medical reports, your affidavit as to the history of threats and violence and other information necessary to obtain protection.

An unfortunate problem that exists in the area of domestic violence is the filing of false charges by a spouse, former spouse or other family or household member. This can occur at any time, especially if the couple is engaged in a contested divorce. If you have been falsely charged with domestic violence, a criminal defense attorney can help you clear your name. At the law office of Joseph Montrone, Jr., P.A., I represent those who seek restraining orders and also those charged with domestic violence.

Get help with domestic violence restraining orders from a Clearwater, FL criminal attorney

At the law office of Joseph Montrone, Jr., P.A., I help clients obtain protective orders to combat domestic violence and other dangerous situations. I also defend those accused of domestic violence and fight false accusations. A free initial consultation is provided. Contact me online or call my office at 727.304.4123.

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