Domestic Violence Lawyers Melbourne, FL
Our domestic violence lawyers in Melbourne, FL, understand the life-altering effects of being wrongfully accused or arrested. We’re respected trial attorneys with a reputation for negotiating and litigating fair outcomes in bond hearings, against injunction violations, domestic batteries, and accusations fueled by family disputes.
When your rights and future are at risk, call a domestic violence attorney in Melbourne, FL, with a reputation for success when fighting for those in legal trouble. To schedule a free consultation, call 321-725-3425 or use our confidential contact form.
Melbourne Domestic Abuse Lawyer Providing Criminal Defense Representation Throughout Brevard County, Florida
Domestic Battery and Aggravated Domestic Battery
Domestic battery occurs when a person intentionally touches, strikes, or causes harm to a family or household member. The term includes spouses, ex-spouses, relatives, people living together as family members, and parents of a child in common. The first domestic battery offense is a first-degree misdemeanor in Florida. In addition, Florida law sets mandatory jail terms of at least 10 days for a first offense with bodily harm, increasing for repeat convictions or when a child is present.
Aggravated domestic battery, under Florida law, involves great bodily harm, permanent disability, disfigurement, or the use of a deadly weapon. This offense is a second-degree felony. In Florida, aggravated domestic battery charges are punishable by up to 15 years in prison. Brevard County courts apply Florida’s Criminal Punishment Code. This determines whether a sentence must be served in state prison rather than county jail.
If you are facing allegations of domestic battery, you need a domestic violence defense lawyer in Melbourne, FL, who can fight for your rights.
Domestic Violence Assault Defense
A person faces criminal charges for domestic violence assault when they
- threaten violence against a family or household member
- appear able to carry out the threat, and
- create a reasonable fear.
Unlike domestic battery, which requires physical contact, assault is based on threats. Potential consequences vary. A domestic violence conviction in Florida carries penalties of up to 60 days in jail and a $500 fine. If a deadly weapon was used in the alleged incident or is carried out with the intent to commit a felony, this is aggravated assault in Florida. If you are facing domestic violence charges, you need a domestic abuse lawyer in Melbourne, FL, who will fight to protect your future.
Violation of Domestic Violence Injunction or Restraining Order Defense
Brevard County courts issue restraining orders when there’s an immediate threat of physical injury. Florida has several types of restraining orders. Restraining orders under Florida law include:
- Domestic Violence Injunction
- Dating Violence Injunction
- Repeat Violence Injunction
- Sexual Violence Injunction
- Stalking Injunction
Judges can issue protection orders without the accused present. They decide whether to grant domestic violence injunctions and set terms between parties. Some domestic violence injunctions allow limited communication. Other injunctions are no-contact orders that prohibit contact of any form. The type of restraining order issued determines what’s allowed. Restraining orders remain until your court date.
If law enforcement officers have probable cause, they must arrest when domestic violence allegations are reported. This approach creates challenges for domestic violence allegations involving technicalities. Violating domestic violence injunctions in Brevard County can result in arrest, prosecution, and additional restrictions. First-offense domestic violence injunction violations are first-degree misdemeanors in Florida. Penalties for violating domestic violence injunctions include up to 1 year of jail, probation, and a $1,000 fine. Repeat or aggravated domestic violence injunction violations are sometimes charged as felonies. If convicted, additional penalties can include mandatory programs, loss of firearm rights, community service, and potential contempt proceedings. Additionally, convictions for violating domestic violence injunctions cannot be sealed or expunged in Florida.
If you are facing charges for domestic violence injunction violations in Melbourne, you need experienced domestic violence attorneys who can protect your rights.
Stalking and Cyberstalking Defense
In Brevard County, stalking and cyberstalking are often tied to domestic violence cases when accusations involve repeated harassment or unwanted electronic contact with a former partner or family member. Cyberstalking includes any contact that causes emotional distress and has no legitimacy. These cases are investigated by cybercrime investigators who collect digital evidence. Prosecutors often use this to push for domestic violence convictions. Our Melbourne domestic violence attorney team is experienced in challenging social media harassment claims, texts, and email records.
Dating Violence Charge Defense
A person can seek a restraining order in Florida if their domestic partner attempts to harm or threatens them. Dating violence cases are common around colleges. Our Melbourne domestic violence attorney team sometimes sees accusations of abuse between staff and students. These often lead to criminal charges and civil injunctions. Dating violence cases in Brevard County colleges, like EFSC, Florida Tech, Keiser University, and Embry-Riddle, often lead to criminal proceedings and campus disciplinary action. Students face more outside penalties. A Melbourne dating violence lawyer from our law offices coordinates defending students’ criminal records and against disciplinary action boards.
Brevard County dating violence charges also arise between former partners or situations involving co-parents who aren’t married. These are treated seriously. Anyone accused of dating violence faces injunctions, probation, jail, and potentially other consequences. Contact a dating violence attorney in Melbourne, FL, to discuss the alleged incident.
Sexual Battery Defense
When the alleged victim of sexual battery in Florida is a spouse, partner, or household member, the domestic partner will be prosecuted for sexual battery and the domestic violence crime. Maximum penalties for domestic sexual battery in Brevard County include the following prison times and fines:
- Sexual battery on someone 12+ without force/weapon: 15 years and $10,000
- Sexual battery on someone 12+ with force or weapon: 30 years and $10,000
- Sexual battery on someone under 12, offender 18+: mandatory life without parole or death penalty
- Sexual battery on someone under 12, offender under 18: life imprisonment and $15,000
- Sexual battery on someone 12–17, offender 18+: 30 years and $10,00
Anyone convicted must register as a sex offender. Sexual battery convictions cannot be sealed or expunged. If you’ve been charged with sexual battery in Melbourne, FL, a skilled domestic violence attorney from our law firm can help you understand your rights.
Child Abuse Defense
Child abuse allegations immediately trigger Florida DCF involvement. Under Florida’s mandatory reporting laws, many professions must report suspected abuse. These domestic violence cases run parallel: criminal prosecution and dependency proceedings for family matters. Our criminal defense attorneys coordinate defending clients in both.
Why Defendants Accused of Domestic Violence in Melbourne, FL, Choose Our Criminal Defense Attorneys
Defendants in Brevard County facing domestic violence allegations call Platt, Cole, Russell & Simpson PLLC because our firm has built its reputation on being trial-tested criminal defense attorneys who do not stop until we secure results. We’re respected litigators with decades of experience. Unlike some attorneys seeking fast resolutions, our domestic violence lawyers in Melbourne, FL, are fully prepared to protect all of our clients’ rights. We question arrest procedures, injunction technicalities, and aggressively defend against allegations that can alter lives.
For immediate assistance, call 321-725-3425.
Florida Domestic Violence Laws and Legal Process
Brevard County Domestic Violence Court
Brevard County handles most domestic violence charges through the Moore Justice Center, located at 2825 Judge Fran Jamieson Way in Viera. This has its own legal processes. Under Florida’s case assignment laws, charges are filed and assigned to judges experienced with these dockets. Judges receive ongoing training. They are required to apply mandatory penalties under § 741.283 when physical violence occurs. So, even if convicted for a first offense, you can face mandatory jail time. This makes navigating hearings without guidance difficult.
Scheduling under Brevard County domestic violence laws is also stacked against defendants. Arraignments, bond hearings, and injunction reviews are expedited. Domestic abuse lawyers must present everything under local courtroom procedures. Without a domestic abuse defense attorney in Melbourne, FL, you risk restrictive conditions and no-contact orders.
Melbourne courthouse security follows Florida court safety protocols. When defendants don’t respect restraining orders, even accidentally, police can take them in immediately.
If you’re falsely accused of domestic violence crimes, experienced legal representation is essential. Contact a domestic violence defense attorney in Melbourne, FL, for a free consultation to learn more.
Melbourne Police Domestic Violence Response
When called, Melbourne law enforcement officers handle domestic violence allegations through a specialized unit. Police officers follow Florida’s legal requirements for domestic violence response. Florida law requires police officers to follow an arrest policy under § 741.30 and § 741.283. This means that if law enforcement officers determine there is probable cause, they must arrest the accused even if the alleged victim does not want to press domestic violence charges. The police officer’s decision is based on evidence, accusations of domestic violence, and prior history.
If you’ve been wrongfully accused of domestic violence in Melbourne, you’ll likely be arrested immediately if police believe domestic abuse occurred. Police reports are forwarded to prosecutors, regardless of whether the accuser cooperates. This creates situations where false accusations and domestic violence charges in Melbourne move forward fast. For those falsely accused, a Melbourne domestic violence defense lawyer is essential immediately following the arrest.
How a Domestic Violence Defense Lawyer in Melbourne, FL, Fights Against Restraining Orders and Injunctions
Emergency Restraining Order Defense in Brevard County
Emergency restraining orders in Brevard County are typically given as ex parte injunctions. This means judges can sign right after the accusers request protection orders. Often, those wrongfully accused of domestic violence can’t defend themselves before the restraining order is granted. Under Florida restraining order laws, this type of protection order can force defendants who are wrongfully accused out of their homes as soon as the police serve them with the paperwork.
Once the restraining order is issued, the court sets a hearing within 15 days. If the accused doesn’t respect this legal process, the restraining order can extend for months or years. Having a Melbourne domestic violence lawyer there matters because hearings happen quickly. You’ll need experienced assistance to question accusations and fight to ensure clients keep clean criminal records.
Permanent Injunction Hearings in Brevard County Family Court
Permanent injunction hearings in Brevard County family court are held after a restraining order has been issued, and the accused and accuser have an opportunity to present evidence.
Permanent injunctions can impact various types of employment, particularly those involving security clearances. Also, permanent domestic violence injunctions often restrict firearm rights. An experienced domestic violence defense attorney in Melbourne, FL, will work to reduce employment consequences.
Permanent injunctions also affect child custody under Florida law. Florida judges may order supervised visitation or restrict parents’ rights if they believe contact creates a risk. What happens in injunction hearings can shape visitation rights for years.
If you’re facing false accusations of domestic violence, a domestic violence attorney in Melbourne, FL, from our law firm can help.
Domestic Violence Attorney in Melbourne, FL, Providing Comprehensive Defense Against Domestic Violence Allegations
Melbourne Domestic Violence Resources and Support Services
Defendants facing domestic violence charges in Melbourne should understand that resources are designed for alleged victims. However, they can also play an important role for those falsely accused.
Those accused of domestic violence in Brevard County can show the court they are taking responsibility before their court date by engaging in Serene Harbor’s services.
Services from the Women’s Center of Brevard can also help defendants who want to demonstrate proactive steps before their court date.
In some cases, Brevard County courts allow defendants to complete alternative sentencing programs. Having such options depends on the nature of the charges and compliance with requirements.
Call a domestic violence lawyer in Melbourne, FL, to learn more.
Anger Management and Batterer Intervention Programs
Anyone convicted of a domestic violence offense in Melbourne must serve at least one year of probation and complete a certified Batterers’ Intervention Program (BIP) unless the court states why it’s inappropriate. The Florida DCF maintains lists of approved BIP Programs in Brevard County. These include:
- Central Florida Psychological Services
- Imperium Therapy Services
- Lifetime Counseling Center
- McCallister Family Counseling
- STEPS
- Western Judicial Services
Additional self-improvement programs for anger management in Brevard County, Florida, include:
- Winning Hearts
- Links of Hope
- Changes Recovery Services
- Space Coast Recovery
- Court Solutions Online
Proven Defense Strategies for Melbourne Domestic Violence Cases
Self-Defense Claims in Domestic Violence Crimes
Our domestic violence defense lawyers in Melbourne, FL, examine whether the facts of domestic violence cases fit within Florida’s Stand Your Ground laws. We show that the accused believed force was necessary.
Also, when parties engage in a fight, our domestic violence defense attorneys can prove the accused wasn’t the aggressor. We highlight relative size, physical injuries, and attempts to withdraw.
Your domestic violence lawyer in Melbourne, FL, will work to prove defensive action. We’ll scrutinize medical records to show that the physical injury patterns of the person we’re defending were defensive in nature.
If you need experienced legal representation after being wrongfully accused, call a Melbourne domestic abuse lawyer from our law firm.
False Accusation of Domestic Violence Defense
Defending those falsely accused focuses on why victims wrongfully accuse our clients. Our Melbourne domestic violence defense attorneys show that false accusations arise during divorce or custody disputes, where the alleged victim seeks an advantage. Other motives include being wrongfully accused after a breakup, attempts to gain financial advantages, or to damage the falsely accused person’s reputation.
By uncovering the reasons, our criminal defense attorneys show that the false accusations of domestic violence in Brevard County courts aren’t credible.
Substance Abuse and Mental Health Defenses
Your domestic violence lawyer in Melbourne, FL, can leverage Florida’s Baker Act to argue that the accused experienced a mental health crisis.
When offenses stem from substance abuse, our domestic violence attorney team explores treatment options under Florida’s Marchman Act.
Our domestic abuse defense attorneys in Melbourne, FL, can seek referral to Brevard County’s Diversionary Mental Health Court. Most domestic violence cases don’t qualify, but if alleged incidents are between a parent and child or between siblings, the case may be allowed.
If the accused doesn’t understand proceedings or provide assistance in their defense, our domestic violence attorneys can request a competency evaluation in Brevard County courts to determine whether the individual should receive treatment before proceeding.
Arrested for Domestic Violence in Melbourne, FL? Immediate Criminal Defense Assistance Available
Scheduling a free consultation in jail is important. Time is limited after arrests. Domestic violence lawyers in Melbourne, FL, should explain charges and penalties before defendants talk to police.
Bond hearing representation is crucial. Courts determine quickly whether to release the accused. Your domestic violence attorney in Melbourne, FL, will help you return home.
Experienced assistance is crucial after emergency domestic violence injunctions. These orders can remove the accused from their home, limit contact with families, and affect employment and firearm rights. Our domestic abuse lawyers in Melbourne, FL, prepare evidence to prevent such restrictions.
Many allegations of domestic violence and arrests occur on weekends and holidays. Having an experienced attorney who understands Florida’s domestic violence laws ready means there’s no time lost in protecting your rights.
Call 321-725-3425 immediately for confidential and trusted guidance from a Brevard County domestic violence law firm with a reputation for success.
Divorce and Domestic Violence Charges in Melbourne, FL
Divorce and domestic violence charges in Melbourne, FL often proceed simultaneously. Coordinating family law and alleged abuse of a family or household member is crucial. Domestic violence charges in Brevard County can influence family law proceedings. It can affect equitable division, spousal support, or access to your home. Our criminal defense law firm in Melbourne, FL, handles both matters. We do so by defending against domestic violence charges in Brevard County while providing legal divorce assistance in Melbourne, FL, to ensure that criminal charges don’t hurt the divorce case.
How Our Criminal Defense Attorneys Handle Child Custody and Support During Domestic Violence Cases
When criminal charges overlap with family law matters, our domestic abuse defense lawyers in Melbourne, FL, work to protect parental rights while addressing child custody and support concerns.
The accused may be ordered supervised visitation pending potential convictions. This isn’t admitting guilt. It’s for the family or household member’s protection. Your domestic violence attorney in Melbourne, FL, will coordinate visitation. We then use the legal process of visitation scheduling to prove our clients follow contact restrictions and comply with release conditions. This can help during bond hearings or injunction processes.
Domestic violence cases can affect employment. Your domestic violence defense lawyer in Melbourne, FL, will file to modify child support if employment loss or probation terms create hardships.
No-contact orders can conflict with custody agreements. We petition for custody modification in Brevard County courts. This prevents clients from violating orders rather than risking contempt.
Brevard County courts may appoint a guardian ad litem. Your domestic abuse defense lawyer in Melbourne, FL, will advocate for our clients’ relationship with their children.
Contact a Domestic Violence Lawyer in Melbourne, FL, for a Free Consultation
Our domestic violence lawyers in Melbourne, FL, know how to challenge injunction violations, bond conditions, and allegations that affect your future. To schedule a free consultation, call 321-725-3425 or use our confidential contact form.