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Domestic Violence

Orlando Lawyer Defends Those Accused of Domestic Violence

A legal team that fights for you

You must take an accusation of domestic violence seriously. No matter how minor or insignificant you believe the incident that led to your arrest may have been, you need to retain competent counsel and focus on constructing a solid defense. At McShane & McShane Law Firm, P.A., we have a reputation for getting results. Attorney Neal T. McShane is AV® Preeminent Peer Review Rated by Martindale-Hubbell® and is listed in the Bar Register for Preeminent Lawyers. He has an in-depth understanding of the inner workings of the criminal justice system and works relentlessly to protect your rights and obtain a favorable outcome for your case.

What is domestic violence?

Much of the media depicts domestic violence as a man hitting a woman. While this is indeed violence, the nature of the relationship between the victim and the assailant — not the gender of the assailant and the victim — determines whether such an act is domestic abuse. Under Florida Statue 741.28, domestic violence refers to “any 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 of one family or household member by another family or household member.”

Domestic violence can be emotional — the aggressor may humiliate, isolate, terrorize, threaten or intimidate to maintain control over the victim. The law furthermore explains that the term household member may refer to:

  • Spouses
  • Former spouses
  • Persons related by blood or marriage
  • Persons who are living together as a family or who have resided together in the past as a family
  • Persons who are parents of a child in common, regardless of whether they have been married

Penalties for domestic abuse Florida

If you’re convicted of domestic violence in Florida, you could face misdemeanor or felony charges, depending on the circumstances of your case. For example, if you’re arrested for domestic assault, you may be charged with a second-degree misdemeanor. However, if you are arrested for committing aggravated domestic battery, you may be charged with a felony in the second degree. The exact penalties you’re facing depend on the facts of your case.

Moreover, the victim may file an injunction against you, which may prevent you from visiting or contacting him or her in any way and may require you to leave your home. An injunction may also give the victim the right to have temporary custody over your child.

False allegations

Some studies have estimated that 25 percent of domestic violence accusations made during a divorce are false. False accusations may be made out of anger, jealousy or fear. However, regardless of the reason, the repercussions can be devastating. If you are falsely accused of hitting a family member or household member, seek skilled legal help from a criminal lawyer. Making a false allegation of domestic violence is a misdemeanor offense.

Schedule a free consultation to speak with an experienced defense attorney today

At McShane & McShane Law Firm, P.A., our legal team proudly defends clients throughout central Florida, including Orange, Seminole and Osceola counties. Contact us online or call 407-648-1500 to schedule a free consultation to discuss your case with a domestic violence defense lawyer today. Se habla español.

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  • Orlando Office
    836 North Highland Avenue
    Orlando, Florida 32803-3941
    Phone: 407-648-1500
    Fax: 407-648-2027

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