Manatee County Domestic Violence Attorney

Experiencing domestic violence is a shocking occurrence on many levels. No matter what possible “red flags” you might have encountered, you never suspect that someone you’re in a relationship with will break your trust and cross the line by engaging in acts of aggression. The American Bar Association (ABA) defines domestic violence as “actions when spouses, intimate partners, or dates use physical violence, threats, emotional abuse, harassment, or stalking to control the behavior of their partners.”

For some who experience this, the hope is that it won’t happen again. Sadly, it often does. If you’ve been in this situation, you should be ready to contact the authorities. Making a claim of domestic violence against your partner will generate the need for a response from law enforcement and the courts.

That is why you’ll want to talk with Titan Law first.

We’re a team of compassionate and dedicated Manatee County domestic violence attorneys who have helped many clients who suddenly find themselves in an unsustainable situation where their physical and emotional well-being is threatened.

We can step in to provide representation in court and serve as your advocate to petition for protective orders and, ultimately, for the dissolution of the marriage. Those are undoubtedly extreme consequences, but they are in the best interests of your personal safety and that of your children.

If you find yourself in this situation, we want to hear from you today.

How Common Is Domestic Violence in Florida?

Although domestic violence happens between partners, it is not considered a private matter. The Florida statutes hold it to be a criminal act. The Office of the Attorney General has some alarming facts about how common incidents of domestic violence are. According to their facts, there were more than 120,000 cases of domestic violence in Florida last year. That doesn’t account for the thousands of other cases that go unreported.

Across the country, more than a third of women are killed by domestic violence. Additionally, half of all homes where domestic violence occurs also have children under 12 living there. That makes those kids potential witnesses to the violence and abuse. That can leave them emotionally traumatized for years to come.

What Is Considered Domestic Violence in Florida?

To be charged with domestic violence in Florida, it has to be established that the perpetrator is a “family or household member.” That category includes the following:

• Spouses
• Former spouses
• Persons related by blood or marriage
• Persons who are presently living together as a family
• Persons who have lived together in the past as a family
• Persons who are parents of a child together, regardless of their marital status

Along with the general criminal charges for domestic violence, the Florida courts also recognize that different situations involving domestic violence can result in a civil injunction or protective order. These incidents might include the following:

Repeat Violence

When there are two or more incidents of domestic violence or stalking acts committed by the defendant within six months of filing for a protective order, it is considered repeat violence.

Sexual Violence

According to Florida statute, sexual violence is defined as “Sexual battery, a lewd or lascivious act committed upon or in the presence of a person younger than 16, luring or enticing a child, sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted.”

Dating Violence

Not all incidents of domestic violence have to take place between long-established couples. If an incident of violence occurs within a dating relationship that has existed within the past six months of the incident, it can be classified as dating violence.

Stalking

Stalking occurs when someone makes a credible threat against another person. These threats are not limited to physical contact but can include cyberstalking. Any one of the above categories can be grounds for a civil injunction. These are called Florida Injunctions for Protection, which are more commonly referred to as restraining orders.

These injunctions have to be approved by the courts. When issued, it means there can be no contact by text, phone, email, letters, or in person.

Filing for these injunctions requires the support of an experienced Manatee County domestic violence attorney. At Titan Law, we possess extensive knowledge of the court system. We want to help our clients obtain protection as quickly as possible when they are in danger.

What Happens When the Police Are Called for Domestic Violence?

Ask any police officer, and they’ll tell you that one of their most challenging calls is for domestic violence. Sometimes, that call will come from inside the house or from a concerned neighbor who is reporting noises of an altercation. When the police arrive on the scene, the fight can still be ongoing.

They have to separate the parties and figure out the “he said/she said.”

According to the law, a police officer may arrest and charge a person if they believe there is probable cause that the person committed domestic violence. It is important to note that the police don’t need the victim’s consent. In other words, if they suspect an incident of domestic violence has occurred, they can take action.

When someone is arrested on a domestic misdemeanor battery charge, Florida law requires that the person remain in jail until their first appearance before a judge. That will be determined at the court’s discretion.

At that first hearing, the judge will decide whether bail is appropriate. They can also issue an order of protection.

The attorneys from Titan Law can be your advocate in these proceedings. They will make sure that your voice is heard. When a protective order is issued, it can also extend to your children. It usually means that the defendant must maintain a distance of 500 feet from you at all times, except during court appearances.

That includes staying away from the home, your job, the kids’ school, and any other place you might visit. If they break that order by making contact in any way, they could face immediate arrest and have their bail revoked.

Domestic violence is viewed by the courts and law enforcement as a serious violent crime. If convicted, the defendant may face severe penalties, including jail time and substantial fines. Additionally, a person convicted of domestic violence may face restrictions with regard to child custody or visitation.

The state district attorney’s office will prosecute these charges. The attorneys at Titan Law will coordinate with the DA’s office and keep them informed about any violations of the protective order.

Domestic Violence FAQs

Any incident of domestic violence is going to cause an upheaval in the family. Understandably, you might feel isolated and unsure of what happens next. These frequently asked questions can help you find a measure of clarity.

How long does a protective order last?

A civil injunction or protective order can be temporary or permanent. If it is temporary, it could be for several weeks. When the order expires, you and your domestic violence lawyer can petition the court for an extension or to make the order permanent.

What happens if I share custody with my spouse, who now has a protective order?

Depending on the situation, the protective order could extend to your children. However, the defendant has the right to seek an appeal or request that the court allow supervised visitation. That would mean an independent third party (that they would pay for) would be present during any time their father visits with them. These visits would not be overnight.

What if I decide to drop the charges?

If your spouse is arrested for domestic violence based on probable cause, it will be up to the State Attorney’s Office to determine if they will move forward with the charges. It will not be up to you to “drop the charges.”

You might decide not to cooperate, which could impact the outcome of the prosecution. This is something you should carefully consider and discuss with your attorney.