Domestic Violence

Domestic Violence Attorney Daytona Beach, FL

Representation for Domestic Abuse Charges in Volusia County

When faced with a serious criminal offense like domestic violence, one’s personal freedom can become highly threatened. This creates a very stressful situation that must be dealt with boldly with the confidence of an experienced Daytona Beach domestic violence lawyer. Commonly occurring in families and within romantic relationships, the effects of this type of charge weigh heavily and can involve a strong element of emotional stress.

If domestic violence charges in Volusia County or Daytona Beach are complicating your life and causing you stress, an attorney from Hager & Schwartz, P.A., will gladly help in your fight for justice. If convicted of domestic violence in Volusia County, there are certainly going to be consequences, which is why it is in your best interest to take immediate action by hiring a dependable Daytona Beach domestic violence attorney at Hager & Schwartz, P.A.

Contact our Daytona Beach domestic violence lawyers at (386) 693-1637 for a consultation today!

Florida Definition of Domestic Violence

When we think of domestic violence, we typically think of physical abuse like punching and slapping; however, Florida law defines domestic violence as much more than physical action. You may be surprised to learn that police can charge someone with domestic violence without him ever laying a finger on another person. With that being said, it’s crucial to understand the definition of domestic violence to stay informed and be aware of possible police charges.

In Florida, the definition of domestic violence as stated on the Florida Senate website states, “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.”

Therefore, the following physical actions are considered domestic violence:

  • Slapping
  • Punching
  • Throwing an item
  • Kicking
  • Tripping
  • Pushing or pulling
  • Any kind of sexual assault

Non-Physical Assault in Florida

However, this definition extends past physical violence; in fact, this definition reaches into nonphysical topics like assault and stalking. Nonphysical assault is when someone threatens a family member with violence. A credible threat of violence can come in the form of threats to one’s psychological, physical, and emotional health.

It is important to note that Florida police can arrest people for threats of violence even if they never act out their threats. Therefore, if a spouse says they will hurt the other spouse, they could be charged for domestic violence regardless of their actions after their statement.

Florida Laws on Stalking

In addition to nonphysical violence, stalking is also considered domestic violence. Stalking is constant harassment that causes emotional distress; therefore, someone who follows harasses or cyberstalks another family member could be charged for domestic violence.

Cyberstalking is when someone targets a person using words, images, or language by way of electronic mail (email) or electronic communication (text message, social media, etc.) to cause substantial emotional distress to that person and serves no legitimate purpose.

It is important to note that if the harasser includes a credible threat within their harassment, he or she could be charged with aggravated stalking or domestic violence by the district attorney’s office.

    Minimum Penalties for Florida Domestic Violence

    The following is a minimum penalty for a conviction of domestic violence including bodily harm:

    • A minimum of 5 days in county jail for a first-time offense involving bodily harm

    Penalties for Domestic Violence in Florida

    The potential penalties for Florida domestic violence cases vary drastically due to Florida’s laws. Under the law, a domestic violence case can be charged as another criminal offense depending on the circumstances surrounding the situation.

    For example, a threat of physical harm could be charged as assault, while actual contact could be charged as battery. An assault charge is a second-degree misdemeanor, while the battery charge is a first-degree misdemeanor. Although the terms may not seem different, the potential penalties are: let’s compare them now.

    Potential penalties for a second-degree misdemeanor domestic violence:

    • Imprisonment for up to 60 days
    • Fine of up to $500
    • The defendant must attend a batterers’ intervention program
    • A no-contact order may be imposed

    Potential penalties for a first-degree misdemeanor domestic violence:

    • Imprisonment for up to one year
    • Fine of up to $1,000
    • The defendant must attend a batterers’ intervention program
    • A no-contact order may be imposed

    It is important to note some charges (like aggravated assault and aggravated battery) could result in felony convictions. Felony convictions are much more severe than misdemeanor convictions, as they can lead to multiple years of imprisonment.

    Domestic Violence Charges Aren’t Straightforward

    As you can see, domestic violence charges are not as straightforward as you might have guessed. When we consider the fact that domestic violence charges can stem from nonphysical behaviors, it becomes hard to determine what constitutes actually a domestic violence charge.

    Consider the following scenario; say there is a couple who frequently argues with one another. One night one spouse says they will hurt the other if they forget to do the dishes and a neighbor overhears and calls the cops. Is the spouse guilty of domestic violence, or was the threat actually “credible” in nature? These are the subjective questions that come from nonphysical charges of domestic violence.

    Seek Legal Relief from Hager & Schwartz, P.A.

    With the help of their lawyers, victims of spousal abuse and domestic violence will frequently seek restraining orders against an alleged abuser. If you find that a restraining order has been placed against you, there are restrictions which may prevent you from going to your home, seeing your children, or even being a patron at every-day business establishments at times when the victim is at a nearby location.

    At Hager & Schwartz, P.A., our Daytona Beach domestic violence attorneys have the legal knowledge to effectively fight restraining orders and will work hard to protect your reputation and freedom by preventing the court system’s placement of any unnecessary orders upon you. If you choose to work with our firm, you can breathe easier knowing that we will do everything in our power to ensure that you are given the legal assistance that you truly deserve in fighting to protect your future.

    If you have been accused of domestic violence in Volusia County, please contact a Daytona Beach domestic violence lawyer today for assistance! Call us at (386) 693-1637.

    A Firm With A Winning Record

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    • I thoroughly recommend Brett Schwartz as a defense attorney.

      “I thoroughly recommend Brett Schwartz as a defense attorney. He worked tirelessly and relentlessly to get my case dropped even before it went to trial. He succeeded, although the odds were heavily stacked against us.”

    • Should you ever need a defense attorney, he is the person to contact.

      “I was referred to Brett Schwartz by a friend facing very serious charges. He was very understanding and also very honest, walked us through the process of what could happen from beginning to end best case scenario and of course worst case scenario.”

    • If you need help go see Brett!

      “We worked with Brett on a domestic violence charge. He was the third lawyer we went to and we FINALLY got the result we desired. His knowledge of the law, the system and straightforwardness are beyond impressive.”

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