Why Do You Need a Domestic Violence Attorney?
More than 10 million people annually are victims of domestic abuse. It is important to understand what constitutes domestic violence in the eyes of the law, the steps you can take after being a victim and why obtaining the services of an attorney is one of the most important things you can do to protect yourself in the future.
What is Domestic Violence?
Domestic violence is defined as abuse that occurs in a relationship in which one person abuses the other, for the purposes of gaining and maintaining control. Spouses, children, roommates, and family members can all be victims of domestic violence. Contrary to popular belief, domestic violence is not just limited to abuse that occurs between spouses and many people are surprised to learn that behaviors they have endured in a relationship fall under the abuse category. Economic, emotional, and psychological abuse can be domestic violence. Even threats, stalking, and cyberstalking can be considered domestic violence. You do not have to suffer a physical injury in order to have a legal remedy.
What Steps Should You Take Immediately After Experiencing Domestic Violence?
The first thing you need to do is recognize that you are a victim of domestic violence. When you feel safe, talk with people you can trust in confidence about your situation and make a plan for how to get out of it. It is widely recognized that leaving the situation can be extremely dangerous for the abused. There are hotlines that can offer help. You can also talk with authorities about your situation to strategize a safe way to get you and if you’re a parent or caretaker, your children away from domestic violence. You should contact a criminal defense attorney who is well versed in domestic violence law as soon as possible.
How Can You Tell if You Have a Good Domestic Violence Case?
It is hard to build a good case off of your word against your abuser’s word. It is important to have good supporting evidence of domestic violence. Good supporting evidence includes:
The best case will have one more pieces of evidence that show beyond a reasonable doubt that you have been the victim of domestic violence. Make sure that you have gathered all of your evidence when contacting your lawyer.
Florida Laws Concerning Domestic Violence
The state of Florida takes domestic violence very seriously and have very specific laws regarding domestic violence. There is a minimum punishment of 5 days in county jail, and the party convicted may very well be sentenced to a Florida state prison. The state law also dictates that the court has the right to hand down a sentence of probation and community service.
Other charges such as assault and battery may accompany domestic violence charges as well, which can result in a harsher sentence. The punishment ranges in severity from misdemeanor to a felony, depending on the charges, which can result in imprisonment anywhere from 60 days to 15 years. In many cases, restraining orders are put in place to keep the convicted party from retaliating on the victim.
Why Do You Need a Lawyer for a Domestic Violence Case?
When you are the victim of domestic violence, you will need an attorney who understands your rights and laws regarding domestic violence. An attorney will help you talk with the police, negotiating dropped charges if you so wish, and create a strong case against your abuser if you are a victim of domestic violence.
When you are involved in a domestic violence case, it can be emotional. It is important to let Florida’s premier criminal defense attorney help you navigate the legal aspect and get you the best outcome possible.
How Long Do Domestic Violence Cases Take to Settle?
Every case is different. It is hard to give an exact time length that it will take to settle your domestic violence case. Some cases can take as little as a few months while others may take years, depending on the complexity of the case.
Florida’s Leading Attorneys in Domestic Violence Cases
Oldham & Delcamp are attorneys you can trust. Our attorneys are focused on our clients and results-driven. We bring a wealth of experience to the table and are focused on getting you the best results for your case. Contact us today and let us discuss your domestic violence case.
Oldham & Delcamp is a member of the Attorney’s Real Estate Council of Pinellas County, is also currently on the Board of Directors of the Pinellas County Bar Association, and is the former chair of the Real Property section.
When your freedom is on the line, you need an attorney that is aggressive, responsive, and experienced. Oldham & Delcamp is committed to making sure that each of our clients receives the personalized attention of one of our attorneys.