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The Florida Domestic Violence Lawyer Home
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Florida Domestic Violence Law - What You should and should not do
DO NOT CONTACT THE OTHER PARTY IF YOU HAVE A NO
CONTACT ORDER!
Although a brief synopsis of Domestic Violence law will follow, it is
important to clarify that a 'No Contact' bond provision means that
contact through a third party, e-mail, text message, voice mail will all
violate a 'No Contact' bond condition.
To Get a No Contact Provision lifted it is necessary to get a
court order lifting the 'No Contact' condition of bail bond. Usually,
this is done by asking the court to replace the 'No Contact' provision
with a 'No Violent Contact' Provision. This may be done by a motion or
by agreement with the State for what is called a 'Stipulated Order'
changing bond conditions. Sometimes, "victims" are told to go down to
the State Attorney's Office to request to drop charges or change
conditions of bond - THIS IS A PATH TO FAILURE! The pressure
placed on people in this situation is enormous and cannot be over
emphasized. Often, "victims" are placed into political domestic violence
counseling classes without any form of mental health diagnosis. This is
like getting a treatment plan for a broken bone without an X-ray: You
may not be a medical doctor, but common sense tells you that it is
wrong.
What are the Penalties? Domestic Violence
is a specialized form of
assault or
battery,
and may be charged as a misdemeanor or a felony. The penalties are
enhanced, and the consequences are far more serious. Incarceration may
be for up to one (1) year in a misdemeanor case and up to life in a
felony case for certain types of Domestic Violence, such as Lewd or
Lascivious Molestation of a minor family member.
Besides Jail or Prison Time, What are the Consequences? For example, under
federal law, when a person is sentenced to any sentence - even without
being convicted - that person is unable to own or possess a firearm or
work in certain occupations.
If My Partner Goes in and Explains What Happened, Won't the State
Drop Charges? No. The "Victim Advocate" or court order domestic
violence counselor will try to talk you partner out of recanting. Over
the years, there have been many instances of "victims" being told that
while perjury is a felony, if the "victim" recants, then they will be
immediately arrested for filing a false police report.
When law enforcement officers are called on in response to a case
involving Florida domestic violence
assault or Florida domestic violence
battery
(or the aggravated variants), the officers must follow Florida law
regarding a "primary" aggressor and the "primary aggressor" is going to
jail and will be held until First Appearance. In the case of a lie, the
result is rather predictable. In the case of "calm things down"
scenario, both parties are separated and usually, only part of the story
is told. For example, one party will refuse to tell the officers
anything, but the other one may tell about being slapped - leaving out
the part that they hit their partner first. As result, the wrong person
is determined as the "primary aggressor" and charged with domestic
violence assault
or domestic violence
battery.
Since most
assault or
battery cases arise outside of the
presence of a law enforcement officer, they are one of the most
seriously abused criminal laws, especially in domestic cases. False
allegations of domestic violence in Florida are at epidemic proportions
because couples having problems will often a) call the police "to calm
things down" or, b) lie to the responding officers. These laws are very politicized and are prosecuted vigorously.
Florida domestic violence attorneys know to take these "crimes of
violence" very seriously.
Florida
Domestic Violence Lawyer Stephen G. Cobb
Do you need to find a Florida
Domestic Violence
defense lawyer or do you want a Florida Domestic Violence defense
lawyer who is a specialist in Florida Domestic Violence trial law?
Florida Domestic Violence defense attorney Stephen G. Cobb is a Florida Bar
Association certified Domestic Violence trial law specialist. What does Board
Certification mean? According to the Florida Bar Association's
educational pamphlet: "Board Certification is the highest level of
recognition by the Florida Bar." Learn about
Florida Domestic Violence law,
cases we have handled in the past (representative
cases), and learn more about how
Florida Domestic Violence Defense Lawyer Stephen G. Cobb
builds high quality legal defense teams.
Call Now
,
Fort Walton Beach,
Mary Esther,
Niceville area,
Sandestin,
Shalimar: (850) 244-1625
Baker ,
Crestview,
DeFuniak Springs,
Holt,
Mossy Head,
Milligan: (850)
423-0035
Cantonment ,
Century,
Gulf Breeze,
Milton,
Pensacola area,
Navarre: (850)
477-6166
Toll Free Statewide (866) 651-6565
We offer a Free Florida Domestic Violence law Initial Consultation in
every case, and our consultation process is longer than most other law
firms. A Domestic Violence case is a very
serious legal matter, especially due to the collateral consequences
regarding contact with family members, employment and firearms. Our firm
practices Florida criminal law exclusively. We handle all judicial aspects
of new charges, violation of probation or community control cases, and
juvenile Domestic Violence law cases.
Call us if you, or someone you love, has been charged
with a Florida Domestic Violence charge, whether it is a Battery, Assault, Aggravated Battery, Aggravated Assault, Lewd &
Lascivious Acts, Sexual Battery, Murder, or Manslaughter. Domestic
Violence, as you can see, comes in many forms. We
have meeting offices in the Pensacola/Gulf Breeze and Destin/Fort Walton Beach areas.
We also have a production office in Crestview, Florida.
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