In Florida, domestic violence is a classification assigned to physical assault and battery charges if the victim was a family or household member. The classification increases the punishment assigned to the defendant if they are convicted. Criminal Defense Lawyers in Naples can explain laws about the offenses.
Identifying the Aggressor
The law enforcement officers who arrive after the victim contacts them must determine the identity of the aggressor. If the victim is a spouse, both parties are interviewed. Each party has the option to file charges if they were assaulted. If the aggressor has left the scene, the officers acquire a photograph or full description of the individual.
The Exact Punishment for the Crime
The standard punishment for domestic violence starts with a fine of $2,500 and a jail sentence of up to one year. The standard punishment is increased according to how severe the victim’s injuries are. If additional criminal acts are committed, the punishment is increased when the defendant is convicted of each crime.
Protection Orders and Additional Charges
A protection order is issued if the victim faces further risks from their aggressor. The orders prohibit any contact between the victim and the aggressor until their court date. If the victim is at serious risk, the court may relocate them to a non-disclosed location. Once the aggressor is convicted, the order is suspended until the defendant is released from jail.
Connecting Divorce Cases
If the domestic violence case is connected to a divorce case, the conviction could provide grounds for sole custody. If the victim was the child, it is possible for the court to grant the termination of the individual’s parental rights. If the defendant receives an extended sentence, the parental rights are revoked at the beginning of their sentence.
In Florida, domestic violence cases could be linked to a divorce case in some instances. The first step is for the victim to press formal charges against their attacker. A protection order is provided in a majority of cases. The defendant incurs additional charges if they violate the order. Defendants who need help contact Criminal Defense Lawyers in Naples through the Law Office Of James W. Chandler P.A. today.
