Orlando Domestic Violence Attorney Defends Your Rights
Working toward peaceful solutions to family conflict
Domestic disputes can become quite contentious, and when tempers flare it can lead to domestic violence. David Scott Glicken is an experienced domestic violence lawyer who knows how to handle these cases, whether they involve obtaining restraining orders for petitioners, or defending the rights of someone who has been falsely accused.
Resources for domestic violence victims
If you have been a victim of domestic abuse, call the police immediately and report it. If you need to get away from your home to a safe location, Florida has 42 certified domestic violence centers. Visit fcadv.org for a center that serves your area, or call 1-800-500-1119.
What is domestic violence?
Florida law defines domestic violence as, "assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death," on the part of one family or household member against another family or household member. A family or household member includes a current or former spouse, a person related by blood or marriage, people who are living together in the same household as a family or have lived together as a family in the past, a couple who has a child in common. (741.28)
What is not considered domestic violence?
Couples and families get into arguments that can sometimes get emotional with yelling and screaming, slamming doors, stomping feet and even using hurtful words that could be considered verbal abuse. While these situations might be upsetting and even scary, they do not constitute domestic violence. Even if your spouse or family member has been verbally abusive to you repeatedly this does not qualify as domestic violence, and you cannot get a domestic violence injunction to stop it.
Penalties for domestic violence can include:
- Mandatory Batterers Intervention Program (26-29 weeks at the respondent's expense)
- Mandatory minimum 5 days in jail (if bodily harm was inflicted on the victim)
- Revocation of concealed weapon permit
- Forfeiture of the right to possess a firearm while on probation
- Ineligibility for expungement or sealing of records
Domestic violence is not an offense on its own. It is used to modify the underlying criminal charge associated with the violent action and it adds the mandatory minimum penalties and it affects how law enforcement and the state's attorney handle the case.
What are the consequences for a false accusation of domestic violence?
Emotions can run high between a couple who are involved in a contentious divorce or other domestic dispute, and it is not unheard of for one spouse to accuse the other of domestic violence falsely in an effort to gain some kind of advantage in the situation.
Currently there is little consequence for a person who has made false allegations of domestic violence aside from the penalty for making a false statement, which is a misdemeanor.
Sometimes, a petitioner might in the heat of anger, file a false report of domestic violence. Then later the petitioner might feel remorseful and attempt to drop the charges; however, the state can continue to prosecute the case regardless of the petitioner's statements.
Any report of domestic violence is taken very seriously. Respondents get arrested, kicked out of their homes, and may serve jail time, which can ruin their career and chances for further employment.
Filing a restraining order to stop domestic violence in Florida
A domestic violence injunction or restraining order is not a criminal proceeding. It is a civil protection used to protect the petitioner from violence or the threat of violence. To seek a domestic violence injunction, go to the county clerk's office and file a restraining order form where you will describe in as much detail as possible why you are seeking the order.
Describe in detail if the respondent has harmed or threatened to harm you, injured or killed a family pet, destroyed personal property or other violent acts. If you are living with the person and have minor children that you think might be in danger of further abuse, and you do not want them to be able to return to your home, you must check the box marked, "exclusive use and possession of your home."
The judge will review the form and if appropriate, will sign the form and issue a temporary order. The order will be sent to a law enforcement officer, who will serve it to the respondent. A court hearing will be scheduled within 14 days of filing the injunction.
If you are accused of domestic violence and the petitioner gets a protection order against you, you could be barred from entering your home and contacting the petitioner in any way. You could also have your parental rights temporarily removed, and you could be required to seek counseling. Don't try to handle these serious allegations on your own. Attorney David Scott Glicken is a criminal lawyer with 35 years of experience handling every kind of domestic dispute.
Contact an experienced domestic abuse lawyer who will defend your rights
David Scott Glicken is the calm voice of reason in the midst of your chaotic, domestic violence case. He will be a strong advocate for your rights and make sure that you are protected. Call us today to schedule a free consultation at (407) 648-5400 or contact us online.