Domestic Violence Defense Lawyers in Naples, Florida

Domestic violence encompasses a wide array of conduct that is not limited to simple battery and assault, which is contrary to what many people believe. While commonly charged domestic violence crimes in Naples do involve simple battery and assault, many involve other crimes, including, among others, kidnapping, sex crimes, false imprisonment, threat or intimidation, and child abuse.

In all cases, the primary factor to determining if a crime is one of domestic violence is whether the alleged perpetrator and victim(s) are considered household or family members under Florida law. In Naples, Florida, a person facing allegations of domestic violence may find himself or herself facing multiple criminal charges, many of which are felonies. As such, all criminal charges pertaining to allegations of domestic violence must be aggressively defended with the help of a skilled Naples Domestic Violence Defense Lawyer.

Domestic Violence Statistics in Florida – What You Should Know

The Florida Department of Law Enforcement routinely keeps track of all reported incidents of domestic violence throughout the state. Although allegations do not always lead to criminal charges of domestic violence, allegations alone can be damaging. To have a better understanding of the types of crimes that fall under the category of “domestic violence,” it is important to be aware of the following statistics reported by the Florida Department of Law Enforcement for the year of 2018.

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

When evaluating the available statistics, it may seem like domestic violence is rampant in Florida, but this simply is not the case. A substantial number of reported incidents of domestic violence stem from false or misleading allegations. Additionally, many allegations of domestic violence may not fit the definition of “domestic violence” under Florida law. However, because allegations can quickly turn into criminal charges, anyone who has been accused of domestic violence must contact a Naples Domestic Violence Defense Lawyer as soon as possible.

Understanding Domestic Violence Laws in Naples, Florida

Under Florida law, domestic violence crimes include nearly any crime committed by one family or household member that harms or threatens to harm another family or household member. Per Florida Statute § 741.28(2), the following crimes fall under the umbrella of domestic violence:

• Assault;
• Aggravated Assault;
• Battery;
• Aggravated Battery;
• Sexual Battery;
• Stalking;
• Aggravated Stalking;
• Kidnapping; or
• False Imprisonment.

Any Criminal Offense Resulting in Physical Injury or Death.

Because domestic violence allegations are unique from one another, some alleged crimes may fall into the last category of “any criminal offense resulting in physical injury or death.” Numerous crimes under Florida law can lead to physical injury or death. As such, the list of potential domestic violence crimes that can fall into this catchall category is quite long.

Before addressing the alleged crime(s) at issue in a Naples domestic violence case, prosecutors must first establish, per Florida law, that the parties at issue are family or household members. Under Florida’s domestic violence laws, the following people are considered family or household members:

• Spouses;
• Former Spouses;
• Persons Related by Blood or Marriage;
• Persons Presently Residing Together as if a Family;
• Persons Who Have Resided Together in the Past as a Family; and
• Persons Who Share a Child in Common Regardless of Whether They Have Been Married.

In most cases, the parties at issue must either presently reside together or have resided together in the past. However, this “residency” requirement does not apply to individuals who share a child in common. In such cases, the parties do not need to show that they have ever lived together.

Domestic Violence Injunctions – The Civil Side of a Naples Domestic Violence Criminal Case

Criminal charges are, without question, very serious when they pertain to allegations of domestic violence, especially given that many domestic violence crimes are felonies under Florida law. But, domestic violence matters have a non-criminal component that can be just as damaging as criminal charges. When a person is facing allegations of domestic violence in Naples, he or she may become the subject of a domestic violence injunction, which is more commonly known as a restraining order or order of protection. A domestic violence injunction can be sought in Naples regardless of whether a person is facing criminal charges for the same allegations of domestic violence.

Under Florida Statute § 741.30, a victim of alleged domestic violence can seek the protection of a civil court by filing a petition to obtain a domestic violence injunction. In doing so, the person filing the petition (known as the “petitioner”) must use a court-approved form and follow all instructions. To obtain the domestic violence injunction, the petitioner must prove that he or she (or a minor child) is considered a family or household member under Florida law, and that the petitioner “reasonably believes” that he or she (or the minor child) is at imminent risk of being harmed in an act of domestic violence.

At the initial stage of a domestic violence injunction matter, a civil court judge will review a petition to determine whether grounds exist to issue a temporary injunction. Because of the urgent nature of protective injunctions/restraining orders, judges in Naples are likely to grant a temporary domestic violence injunction to provide immediate relief to the alleged victim(s). While petitions seeking domestic violence injunctions in Naples are not always based on true and accurate information, an accused person will have an opportunity to appear in court to fight the injunction and demonstrate that a petition is false or misleading.

If a judge issues a temporary domestic violence injunction, the alleged perpetrator, known as the “respondent,” will be served with the injunction and will be required to appear in court approximately fifteen days later. At the time of the hearing, the respondent should be present with his or her Naples Domestic Violence Defense Lawyer. With the assistance of a skilled lawyer, a respondent is in the best position to fight the legality and truthfulness of the petition that resulted in the temporary injunction.

Additional Protective Injunctions in Naples, Florida

Under Florida law (Florida Statute § 784.046 and Florida Statute § 784.045), there are four additional types of protective injunctions a victim can seek, which include the following:

• Dating Violence Injunctions;
• Repeat Violence Injunctions;
• Sexual Violence Injunctions; and
• Stalking Injunctions (including cyberstalking).

As with domestic violence injunctions, anyone seeking another type of protective injunction must file a petition in court and follow all statutory procedures to obtain an injunction/restraining order. Although protective injunction matters are civil, they involve allegations of criminal conduct. As such, it is not uncommon for allegations of domestic violence or any other type of violence or stalking to be accompanied by criminal charges. However, in some cases, a person may face a protective injunction and never face criminal charges. Because of the interplay between civil and criminal law when addressing protective injunctions, it is critical to work alongside a Naples Protective Injunction and Criminal Defense Lawyer when facing allegations of domestic violence, regardless of whether any criminal charges are pending.

Detention and No-Contact Orders – The Early Stages of a Naples Domestic Violence Case

Because domestic violence matters can quickly turn dangerous for many victims, Florida law mandates that individuals arrested on charges of domestic violence be detained in jail for a period of approximately 24 hours. Being held in custody is not a demonstration of guilt but rather a way to ensure the protection of any potential victim. The arrested individual will be held in custody until the first court appearance in Naples.

Another way to protect victims of domestic violence is to impose “No-Contact Orders” on all arrested individuals. Per Florida law, the No-Contact Order mandates that the person facing allegations of domestic violence in Naples have no physical and/or verbal contact with the victim(s). Under Florida Statute § 741.29(6), any person who violates a No-Contact Order is at risk for facing additional criminal charges. Even when an accused person is innocent, it is crucial that he or she comply with the No-Contact Order. One small misstep can lead a criminal matter down a much darker path.

Penalties Associated with Domestic Violence Battery in Collier County, Florida

Because simply battery accounts for approximately 80 percent of all domestic violence allegations in the state of Florida, it is important to have a solid understanding of all penalties resulting from a conviction of domestic violence battery. A first offense of domestic violence battery is considered a first-degree misdemeanor under Florida law. If convicted of this offense, a person faces up to one year in jail and a fine of up to $1,000. Aggravated domestic violence battery (which is also referred to as felony domestic violence battery) is considered a third-degree felony under Florida law. If convicted of this offense, a person faces up to five years in jail and a fine of up to $5,000.

Aside from jail time and monetary fines, a person convicted of domestic violence battery or aggravated/felony domestic violence battery in Naples should expect to face additional penalties that include, but may not be limited to, the following:

• Completion of a 26-Week Batterer’s Intervention Program (BIP);
• Probation for Up to One Year;
• Minimum of Five Days in Jail if the Accused is Found Guilty and the Crime(s) Involved Bodily Injury;
• Completion of Community Service Hours;
• Loss of Right to Possess Firearms and Ammunition;
• Facing a No-Contact Order; and
• Potentially Facing a Domestic Violence Injunction.

A domestic violence matter can quickly consume one’s life and strip a person of many legal rights. Therefore, anyone facing allegations of domestic violence in Naples must work alongside a Naples Domestic Violence Defense Lawyer with a track record of success in the same area of law.

The Wide Array of Domestic Violence Crimes in Naples, Florida

As previously stated, domestic violence crimes are far-reaching and include conduct that typically does not come to mind when thinking about the typical domestic violence case. Examples of the numerous crimes that can fall under the broad umbrella of “domestic violence” include 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

Fighting Domestic Violence Charges in Naples Begins with the Right Defense Lawyer

The choice of a Naples Domestic Violence Defense Lawyer is one of the most important decisions a person will make when fighting allegations either in a criminal matter and/or in a protective injunction matter. To have the best chance of fighting domestic violence charges against zealous prosecutors, an accused person will need to have a solid defense that fits the facts of the case. Because all cases are different, defense strategies will vary from client to client. A skilled and experienced Naples Domestic Violence Defense Lawyer will quickly build a defense that best suits the case, providing a defendant with means for reaching a result that avoids harsh penalties. Examples of some defenses that may be raised in a domestic violence case include, but are not limited to, the following:

• Seeking Dismissal of the Case for Failure to Present Evidence that a Crime Has Been Committed;
• The Absence of Injuries to the Victim(s);
• Evidence that the Victim(s) is/are Vindictive;
• Self-Defense;
• Defense of Others;
• Defense of Property;
• Stand Your Ground; and
• Consensual Confrontation or Mutual Combat.

A positive outcome can only be achieved with the help of a reputable, dedicated, and trial-ready Naples Domestic Violence Defense Lawyer.

Contact the Naples Domestic Violence Defense Lawyers of Musca Law Today!

If you have been accused of domestic violence or are facing criminal charges pertaining to domestic violence, you have very little time to locate and retain a high-quality Naples Domestic Violence Defense Lawyer. Domestic violence is a serious matter that often involves felony criminal charges that can send you to jail for decades. Do not place your legal rights in the hands of an inexperienced lawyer. At Musca Law, our team of nationally recognized Naples Defense Lawyers devotes their careers to handling nothing but criminal law. As such, our lawyers are ready to advocate on your behalf in the courtroom. To find out how Musca Law can help you with your criminal matter, contact our office 24/7 by calling (888) 484-5057.