8th Jan 2019
One of the most common types of cases that a South Florida criminal defense attorney is contacted about is a domestic violence charge. These charges are serious and can result in significant consequences. A South Florida criminal defense attorney can discuss the potential consequences of being charged with a domestic violence crime and what defenses may be available in your case.
If you are convicted of a domestic violence offense, you may face all or some of the following consequences:
- Jail time
- Restrictive probation or community control
- Requirement to participate in a Batterers Intervention Program
- Revocation of your concealed weapons permit
Domestic violence crimes are typically not allowed to be sealed or expunged, even when the judge withholds adjudication. This means that you will have a criminal record that follows you for the rest of your life.
Additionally, if you are not a citizen of the United States, a domestic violence conviction can be used as grounds to remove you from the country.
In addition to the possible criminal consequences, you may also face a number of civil consequences. Any history of domestic violence is often used in child custody cases. Even if you were not convicted, the mere allegation of domestic violence can affect your custody case and whether the judge gives you custody or visitation with your child. Additionally, domestic violence victims often file for a domestic violence injunction, which can prohibit you from contacting the alleged victim. This injunction can order you to stay away from the alleged victim, order temporary support, order you to leave a shared residence and assign temporary visitation or custody rights. Any testimony you make during an injunction hearing may later be held against you in a subsequent criminal proceeding, so it is important to have an experienced Florida lawyer on your side who can defend you in both types of cases.