State prosecutors take arrests involving domestic violence seriously because they are a serious issue and a public safety concern. Unfortunately, that also means that misunderstandings can occur.
Unless you plan carefully to protect your rights and future with a criminal defense attorney, domestic violence charges can have lasting negative effects on your personal and professional life. Contact a hard-working West Palm Beach domestic violence lawyer to schedule a consultation and learn more about what we can do for you.
What Should I Do After an Arrest for Domestic Violence?
If you are arrested for domestic violence, stay calm and follow these instructions for how to handle what comes next.
Remain Silent
Exercising the right to remain silent is crucial from the time you are arrested until the court date. That means not discussing the case with the police officers, jail staff, inmates, or anyone, including the alleged victims. Refrain from posting anything about the situation on social media. The state can and likely will use anything said in the aftermath to strengthen the case and secure a conviction.
Contact an Attorney
Contacting a seasoned West Palm Beach domestic violence attorney as soon as possible is also one of the most critical things to do in the immediate aftermath of the arrest. They can make sure the individual understands the proceedings, argue for a reasonable bond, request modifications to no-contact orders if necessary, and begin investigating the case immediately to tailor a powerful defense strategy.
No-Contact Orders
The state almost always issues a no-contact order after an arrest for domestic violence, and complying with the order is crucial. Even if they reach out and want to drop the criminal charges, wait until speaking with an attorney. It is the prosecutor who decides whether to drop the charges, and they could charge both parties for non-compliance.
Specifics About Domestic Violence Cases
Domestic violence is a criminal action taken against another person with a qualifying relationship. Any charges involving assault, aggravated assault, battery, aggravated battery, sexual assault or battery, stalking, false imprisonment, or kidnapping of a family or household member can count as domestic violence. Under Florida Statutes § 741.28, those qualifying as a family or household member include a spouse, former spouse, relatives, either by blood or through marriage, people who live together, and individuals with a child in common.
It is important to note that the classification of domestic violence automatically activates special procedures, such as mandatory arrests, firearm restrictions, and intervention programs. Therefore, promptly speaking with a skilled domestic violence lawyer in West Palm Beach is vital.
Penalties
A conviction for battery is a first-degree misdemeanor and can result in up to 1 year in jail and a fine of up to $1,000. Further, if there are bodily injuries, the mandatory minimum is five days in jail. Those convicted under the statute are also subject to other sentencing, including the following:
- Batterer’s intervention program
- Mandatory one year of probation
- Potential for a community service requirement
- Loss of the right to bear arms
- Possible no-contact or restraining order
If there are custody or visitation orders in place for shared children, a conviction can have lasting negative impacts, such as limiting time spent with that parent or ordering supervised visitation only.
Call a Seasoned Domestic Violence Attorney in West Balm Beach
A conviction for domestic violence or battery can devastate your reputation, severely impact your future, and even affect employment prospects. Sentencing could include time in jail, probation, a mandatory batterer’s intervention program, and the restriction of your rights to own firearms.
While the arrest and case are serious, that does not mean there will be a conviction. The more time you spend preparing your defense, the better your chance of reaching a favorable outcome. Call today to schedule an appointment with a diligent West Palm Beach domestic violence lawyer to review your case, analyze the best defense strategy, and learn more.