The domestic violence lawyers at the Robert Foley Law Firm in Cape Coral, Florida work with individuals facing charges for domestic violence. The law defines domestic violence as assault, battery, sexual assault, sexual battery, false imprisonment, kidnapping, and threats. Domestic abuse is any violence committed against a family member, including parents, children, partners, and people who reside in the same home who are related to one another. Domestic violence can include punching, biting, scratching, shoving, hitting, slapping, throwing objects, damaging property, threatening to hurt you, your children, or your animals, disrupting sleep, burning, strangling, attacking, or threatening to attack you, using a weapon to attack you, and any act that results in physical harm. Domestic violence can also include sexual assault, stalking, or false imprisonment. While verbal abuse often precedes physical violence, most forms of verbal domestic violence cannot be pursued in court, unless the verbal attack includes a threat of physical violence.
Being charged with domestic violence can have serious repercussions on your freedom and future. You could face jail time for the physical violence itself, face a restraining order being imposed upon you, and can even face the loss of custody or visitation of your children if you are going through a divorce. In some cases, an abusive spouse may even use accusations of domestic violence to control a partner, to stop a partner from leaving, or to use the accusation in a custody battle. If you find yourself facing these accusations, it is important to fight for your innocence and protect yourself. The consequences of failing to take action can be serious. You could lose your children, and you could even face having a criminal record or a record of domestic violence on your record.
Consequences of Domestic Violence in Florida
Penalties for domestic violence in Florida can include jail time, misdemeanor charges on your criminal record, probation, fines, and additional requirements that can include intervention programs, community service hours, and loss of certain freedoms. Collateral consequences can include a damaged reputation, and if you are going through a divorce or child custody battle, a domestic violence conviction or restraining order could cause you to face negative consequences when a judge makes an assessment of what is in the best interests of the child in a custody case. If you are being accused of domestic violence, a lawyer may be able to help you with a domestic violence defense. The domestic violence lawyers in Cape Coral, Florida at the Robert Foley Law Firm may be able to assist you with your case.
Domestic Violence Defenses
Every case where a person is accused of domestic violence is unique. There are several potential defenses that a domestic violence lawyer may be able to mount. What are some defenses?
- Disputing the account. Many cases of domestic violence happen when a person or both people are under the influence of drugs or alcohol. If drugs or alcohol were involved, the account of how events unfolded may be thrown into question.
- Sometimes individuals accuse a partner of domestic violence to get revenge or to get the upper hand in a custody battle. If you are being wrongly accused of domestic violence, it is important to take steps to protect yourself. Sometimes abusive partners will accuse a partner of domestic violence to pre-empt a restraining order, divorce, or other action. The time when a partner leaves an abuser is when he or she is most vulnerable. Getting protection from the law and hiring a domestic violence lawyer to fight for your side can make a big difference in your case.
- Self-Defense. If you harmed a partner while defending yourself, you could still face charges of domestic violence. You may need to prove in court that you were trying to defend yourself rather than acting in violence. If you were trying to defend your children, your property, or pets, you may also have a case against a domestic violence charge.
These are just some of the potential defenses if you are being charged with domestic violence. It is important to remember that you are innocent until proven guilty. The Robert Foley Law Firm is a domestic violence law firm in Cape Coral, Florida that may be able to help you if you are facing domestic violence charges.
How a Domestic Violence Lawyer Can Help You in Cape Coral, Florida
There are many ways that a domestic violence lawyer can help you in Cape Coral, Florida. A domestic violence lawyer can help defend you in court and fight the charges against you. A domestic violence lawyer can evaluate the evidence against you and help you understand your options. The Robert Foley Law Firm can also fight a restraining order, or help you if you are facing a restraining order. Are you facing difficulties with the law? The Robert Foley Law Firm is a domestic violence law firm in Cape Coral, Florida that may be able to help you.