Domestic Violence Defense Lawyers in Cape Coral, Florida

How to Beat a Domestic Violence Charge in Florida

Many offenses in Cape Coral fall within the category of “domestic violence.” For instance, a common offense associated with domestic violence is domestic battery, but false imprisonment, kidnapping, stalking, and sex-based offenses also constitute domestic violence under Florida law. The nature of the relationship between the victim(s) and the alleged offender will determine whether violent acts can constitute “domestic violence.” If you are facing domestic violence charges in Cape Coral, Florida, it is important that you hire a skilled and experienced Cape Coral Domestic Violence Defense Attorney. There is a lot at stake in domestic violence cases, so contact an aggressive advocate who can help you to fight against the charges.

Domestic Violence Statistics in Florida

To better understand the scope of domestic violence-based offenses in Florida, it is important that you are aware of the statistics provided by the Florida Department of Law Enforcement. While the statistics may be staggering, keep in mind that several reported incidents of domestic violence are based upon misrepresented, misleading, or completely false facts. Accordingly, domestic violence statistics in Florida do not present the entire picture. Back in 2018, the most commonly reported domestic violence incidents ranged from threat and intimidation to simple assault and battery. These are provided in more detail below:

CRIME	NUMBER OF REPORTED INCIDENTS
Total Reported Incidents of Domestic Violence	104,914
Criminal Homicide	196
Manslaughter	19
Forcible Rape	1,783
Forcible Fondling	841
Aggravated Assault	16,000
Simple Assault	83,980 (accounting for 80 percent of all reported incidents of domestic violence)
Aggravated Stalking	160
Simple Stalking	384
Threat/Intimidation	1,551

The offenses listed above are just a small fraction of the large expanse of offenses that qualify as domestic violence crimes in Cape Coral, Florida.

Cape Coral, Florida Domestic Violence Laws

Per Florida Statute § 741.28(2), domestic violence offenses include as follows:

• Aggravated assault;
• Assault;
• Aggravated battery;
• Battery;
• Stalking (and cyberstalking);
• Sexual battery;
• Kidnapping;
• Aggravated stalking;
• False imprisonment; and
• Any crime that causes physical injury or death to another person.

The last category of offenses, “any crime that causes physical injury or death to another person” includes a wide array of different crimes.

In Florida, people who are protected by the laws governing domestic violence must qualify as “household or family members,” which include:

• Former spouses;
• Spouses;
• People who presently reside together as a family;
• People who share a child in common, regardless of marital status;
• People related to each other by marriage or blood; and
• People who used to reside together as a family.

In most domestic violence matters in Cape Coral, Florida, the alleged offender and the victim(s) either presently reside together or used to reside together. Keep in mind that there is no residency requirement for those who share a child in common. If you are facing domestic violence charges in Cape Coral, Florida, contact a skilled Cape Coral Domestic Violence Attorney today to learn more about your legal rights and interests.

Domestic Violence Injunctions in Cape Coral – a Civil Court Remedy Associated with Severe Repercussions

Claims of domestic violence do not just involve criminal offenses in Cape Coral, Florida. Oftentimes, alleged victims of domestic violence can seek a protective injunction in Cape Coral. A protective injunction, also referred to as an order of protection or restraining order, is a civil remedy that imposes certain requirements on the subject of the order, including an order to stay away from the alleged victim.

Under Florida Statute § 741.30, a domestic violence victim, also known as a petitioner, can file with the court clerk a court-approved document referred to as a petition. The petitioner can file a petition on his or her behalf of on behalf of a minor who is an alleged victim of domestic violence. While the process to obtain a domestic violence injunction in Cape Coral, Florida is rather straightforward, the petitioner, in filling out the petition, must satisfy certain legal requirements. For instance, the petitioner must demonstrate sufficient facts in order to obtain a protective injunction in Cape Coral, Florida.

A petitioner who reasonably believes that he or she will be a victim of domestic violence may be able to obtain a domestic violence injunction if the underlying acts, if truthful, fit the definition of domestic violence under Florida law. Keep in mind that the petition is a sworn document, which means that the signed document is subject to penalty of perjury. Before issuing a permanent injunction, judges often air on the side of caution and grant a temporary restraining order to protect the alleged victim up until the date of the final hearing which is held fifteen days following the filing of the petition.

Once the petition is filed and a temporary injunction is issued, the person subject to the injunction, known under Florida law as the respondent, is served with a copy of the petition, a copy of the temporary restraining order, and a notice indicating the time and date of the final hearing. At this juncture, it is critical for the respondent to hire a skilled Cape Coral Domestic Violence Defense Attorney as soon as possible. Once retained, an experienced legal advocate will likely seek to continue, or delay, the final hearing date in order to have more time to prepare a solid defense strategy.

When the final hearing is held, both parties have the opportunity to submit evidence to the court as well as witness testimony in support of their respective positions. At the conclusion of the hearing, the judge will decide whether or not to issue a permanent domestic violence injunction. If an injunction is issued, the respondent must adhere to all of its terms or else face criminal sanctions.

Additional Protective Injunctions in Cape Coral, Florida

A domestic violence injunction in Cape Coral is just one of the five types of protective injunctions that are available in Florida. Under Florida Statute § 784.046 and Florida Statute § 784.045), the additional types of protective injunctions a person can seek in Florida are as follows:

• Dating violence injunctions;
• Sexual violence injunctions;
• Repeat violence injunctions; and
• Stalking injunctions (also includes cyberstalking).

Depending upon the facts of one’s case, an alleged victim of domestic violence may pursue one of the above-referenced injunctions if the violent acts constituted dating violence, sexual violence, repeat violence or stalking. If you are facing the prospects of any of the injunctions listed above, it is vital that you contact an experienced Cape Coral Domestic Violence Injunction Defense Attorney as soon as possible following your arrest.
What Occurs After an Individual is Arrested for Domestic Violence in Cape Coral

Florida law provides certain measures to protect alleged victims of violence. Specifically, an individual who was placed under arrest on charges of domestic violence in Cape Coral, Florida will be detained for at least 24 hours, or even longer in some cases, until such time that the initial court hearing is held. Being detained does not mean that the alleged perpetrator is guilty, although it can certainly feel that way. Next, a person who is the subject of domestic violence charges will be forced to comply with a “No-Contact Order,” even if the allegations raised by the petitioner are false, misleading, exaggerated, or misrepresented.

A No-Contact Order requires the accused to avoid having any verbal or physical contact with the alleged victim(s). Under Florida Statute § 741.29(6), an individual who violates a No-Contact Order may face criminal sanctions. If you are the subject of a No-Contact Order, it is vital that you contact a skilled Cape Coral Domestic Violence Defense Attorney who can advise you of your legal rights and options, as well as the defense strategy that may apply to your case. Don’t wait to seek out legal representation, as your freedom and livelihood are at stake.

The Punishment for Committing Domestic Violence Battery in Lee County Florida

Domestic battery, also known as domestic violence battery, is a severe criminal charge that can result in hail time and harsh monetary fines. Simple domestic violence battery constitutes a misdemeanor in the first degree, where the alleged perpetrator may be subject to a one-year jail term and a monetary fine not to exceed $1,000, if convicted. If there are certain aggravating factors that are present in one’s case (such as the use of a weapon to perpetrate the crime), a person can be charged with aggravated battery, which constitutes a felony in the third degree. If convicted, a person charged with aggravated battery will face up to five years in a state penitentiary and a monetary fine not to exceed $5,000.

In addition to the imposition of monetary fines and jail time, the additional consequences of a domestic violence battery conviction, regardless of whether the underlying offense constitutes a misdemeanor or felony, includes, without limitation, the below:

• The loss of one’s Second Amendment rights to own ammunition and firearms;
• The requirement to attend a 26-week Batterer’s Intervention Program;
• Facing a No-Contact Order;
• A minimum jail term of five days in jail if the alleged offender is found guilty and the offense(s) involved bodily injury;
• The requirement to complete community service hours;
• The potential of facing a domestic violence injunction;
• Probation for a period of up to one year; and
• Mental health counseling.

In order to avoid the negative repercussions associated with a conviction for domestic battery, any person who has been charged with same has a small window of time with which to hire a skilled Cape Coral Domestic Violence Defense Attorney. While no attorney can guarantee certain results in a case, he or she can help to develop a successful defense strategy that could mean a dismissal of the case, or at the very least, a reduction in charges (such as a felony to a misdemeanor-level offense).

The Full Scope of Domestic Violence Offenses in Cape Coral, Florida

As mentioned above, there is a wide range of crimes that constitute domestic violence under Florida law, if the parties are household or family members. These offenses include, without limitation, the following:

CRIMINAL CHARGE	STATUTES
Violent Crimes
Aggravated Domestic Battery with Serious Bodily Injury	F.S. § 741.028(2); F.S. § 784.045
Aggravated Domestic Battery with Use of a Deadly Weapon	F.S. § 741.028(2); F.S. § 784.045
Domestic Battery by Strangulation	F.S. § 741.041(2)(a)
Aggravated Battery on a Pregnant Victim	F.S. § 784.045(1)(b)
Assault or Battery on Person Over the Age of 65 Years Old	F.S. § 784.08
Violation of a Domestic Violence Protective Injunction	F.S. § 741.30
Violation of a Dating Violence Injunction, Repeat Violence Injunction, or Sexual Violence Injunction	F.S. § 784.046
Violation of a Stalking Injunction	F.S. § 784.045
Stalking, Aggravated Stalking, and Cyberstalking	F.S. § 784.048
Kidnapping, Kidnapping Child Under Age 13, and Aggravated Kidnapping	F.S. § 787.01
False Imprisonment, False Imprisonment of Child Under Age 13, and Aggravated False Imprisonment	F.S. § 787.02
Homicide/Murder, and Attempted Murder	F.S. 782.04
Manslaughter, Aggravated Manslaughter of an Elderly Person or Disabled Adult, and Aggravated Manslaughter of a Child	F.S. § 782.07
Weapons and Firearms Offenses	F.S. § 790
Abuse and Neglect of Children
Child Abuse, Aggravated Child Abuse, Child Endangerment, and Child Neglect	F.S. § 827.03
Newborn Infants, and Treatment of Surrendered Newborn Infant (not a crime if infant is surrendered to emergency personnel)	F.S. § 827.035; F.S. § 383.50
Contributing to the Delinquency or Dependency of a Child	F.S. § 827.04
Nonsupport of Dependents	F.S. § 827.06
Sexual Performance by a Child	F.S. § 827.071
Unlawful Desertion of a Child	F.S. § 827.10
Sex Crimes and Lewd/Lascivious Behavior
Sexual Assault/Sexual Battery, Forcible Rape	F.S. § 794.011
Lewd or Lascivious Offenses Committed Upon or in the Presence of Persons Less than 16 Years of Age, including Forcible Fondling	F.S. § 800.04
Human Trafficking	F.S. 787.06
Offenses by Adult Involving Minors, Intent of Legislature in Prosecuting Such Offenses	F.S. § 796.001
Forcing, Compelling, or Coercing Another to Become a Prostitute	F.S. § 796.04
Abuse, Neglect and Exploitation of Elderly Persons or Disabled Adults
Abuse, Aggravated Abuse, and Neglect of an Elderly Person or Disabled Adult	F.S. § 825.102
Lewd or Lascivious Offenses Upon or in the Presence of an Elderly Person or Disabled Person	F.S. § 825.1025
Exploitation of an Elderly Person or Disabled Adult	F.S. § 825.103
Injunction for Protection Against Exploitation of a Vulnerable Adult	F.S. § 825.1035
Violation of an Injunction for Protection Against Exploitation of a Vulnerable Adult	F.S. § 825.1036
Other Crimes
Death Resulting from Apparent Drug Overdose and Reporting Requirements	F.S. § 893.0301
Poisoning Food or Water	F.S. § 859.01
Desertion, Withholding Support, and Proviso	F.S. § 856.04
Depriving Crime Victim of Medical Care	F.S. § 843.21
Perjury by Contradictory Statements	F.S. § 837.021
False Reports to Law Enforcement Authorities	F.S. § 837.05
False Information to Law Enforcement During Investigation	F.S. § 837.055
False Official Statements	F.S. § 837.06
Verbal or Written Threats, and Extortion	F.S. § 836.05
Written Threats to Kill, Do Bodily Injury, or Conduct a Mass Shooting or an Act of Terrorism	F.S. § 836.10
Threats	F.S. § 836.12
Tampering with a Witness	F.S. § 914.22
Culpable Negligence	F.S. § 784.05
Trespass in Structure or Conveyance	F.S. § 810.08
Trespass on Property Other Than Structure or Conveyance	F.S. 810.09
Obstructing Justice	F.S. § 843
Bigamy, and Incest	F.S. § 826

Defenses that May Apply in Cape Coral, Florida Domestic Violence Cases

Charges for domestic violence involve allegations that have serious consequences, regardless of whether the accusations are false. If the allegations are false, a skilled Cape Coral Domestic Violence Defense Attorney will fight to have the charges dismissed. There are various other reasons why domestic violence cases can be dismissed, which include, without limitation, the following:

• Evidence demonstrating that the alleged victim(s) did not sustain any injuries;
• Defense of property;
• Defense of others;
• Stand your ground;
• Evidence demonstrating that the alleged victim(s) is/are vindictive;
• Lack of sufficient evidence in the case;
• Consensual confrontation or mutual combat; and
• The alleged offender’s constitutional rights were violated.

An alleged offender’s defense strategy will be based upon a variety of different factors, which include, without limitation, the accused’s criminal background (if any), the nature of the allegations, the strength of the prosecutor’s case, and whether there are legal defense that exist warranting a reduction in the charges or an outright dismissal of the case. If the charges are based upon a false confession, illegally obtained evidence, or the accused was not read his or her Miranda rights, a Cape Coral Domestic Violence Defense Attorney may be able to obtain a dismissal of the case.

Contact the Cape Coral Domestic Violence Defense Lawyers of Musca Law Today

Facing domestic violence-related charges can be a frightening experience, and may result in the loss of valuable legal rights. That is why you should immediately contact a skilled Cape Coral Defense Attorney to help safeguard your legal rights and interests, as well as develop the strongest defense strategy possible. At Musca Law, our team of reputable trial attorneys has the skills, resources, and experience necessary in handling Cape Coral domestic violence cases. Specifically, our attorneys are familiar with the applicable law, the judge, the prosecutor, and the ins and outs of the courtroom. We are available 24/7 to discuss your case. Call us now at (888) 484-5057. We look forward to making a difference for you.