Although any allegation can damage your reputation, an accusation of domestic abuse can lead to a whirlwind of consequences. If you are facing charges for domestic violence in Florida, you could have a criminal trial coming up in your future. While these types of cases seldom make it to trial, it is helpful to know what to expect from the domestic violence case process in Florida.

Facing criminal charges for domestic violence is not something that should be taken lightly. Anyone who has been accused of or is under investigation for domestic violence should seek legal counsel. Over the last three decades, Criminal Defense Attorney Brian Gabriel has developed legal strategies to mitigate domestic violence charges or have them dropped entirely.

How are Domestic Violence Crimes Defined in Florida?

Florida Statute Section 741.28 defines domestic violence using the following terms:

“…any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

Offenses may include:

In Florida, a family or household member could be a:

  • Spouse
  • Former spouse
  • Person related by blood or marriage
  • Person who resides or resided together as a family
  • Person who is the parent of a child in common

Once an act of violence is determined to be of the domestic variety, special laws will apply. Cases involving domestic violence are not subjected to the normal pretrial release process. Unlike with other cases, anyone who is arrested for domestic violence cannot immediately post bail after being booked into jail.

What Are the Stages of the Florida Domestic Violence Case Process?

Before a domestic violence case can go to trial in Florida, here is what must transpire:

  • Step 1: Once the defendant is arrested, the victim may request an injunction (also known as a no-contact order), or if the court feels like the victim is in danger or further harm, an injunction may be mandated.
  • Step 2: Before court, the defendant must attend an arraignment to go over the charges in detail. During this phase, the defendant will likely plead either guilty or not guilty, so it is best to meet with an attorney to review your options before this point in the process.
  • Step 3: Next is the pretrial and motion hearings. During this phase of the domestic violence case process, the prosecution and defense will either come to an agreement or the case will move on to trial.
  • Step 4: If the two parties are unable to reach an agreement during the hearings, the case will progress to trial, where you may choose to be tried by a jury or by a judge with no jury present.

Hire a Florida Criminal Defense Attorney Skilled in Domestic Violence Cases

You can count on Criminal Defense Attorney Brian Gabriel when you need high-quality legal representation. If you are facing charges for a domestic violence offense in Florida, Mr. Gabriel will handle your case and protect your rights by putting to work all of the knowledge and skills he has developed over the span of his over 30-year career.

Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.

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