Domestic Violence


Domestic Violence

West Palm Beach Domestic Violence Attorney David W. Olson

 

Assault and battery disputes that occur within the context of a family or household fall under the category of domestic violence. In Florida, “Domestic violence” is defined by Florida Statute, Section 741.28 (2):

 

“Domestic violence” means 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 member or household member by another family or household member.”

 

It is important to note that a domestic violence charge does not require actual physical contact. West Palm Beach criminal attorney David Olson offers a case review to discuss your options.

 

Family or Household Member in Florida

 

“Family or household member” specifically refers to:

 

  • Spouses and former spouses
  • Persons related by blood or marriage
  • Persons presently or formerly residing together as a family
  • Parents of a child, whether ever married or not
  • “With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.” 741.28(3)

 

The “family or household member” designation gives rise to the presumption that the parties presently are, were, or could have been in close physical and/or emotional contact with one another.

 

An Example of a Domestic Violence Scenario

 

John and Jennifer live together in the same house as boyfriend and girlfriend. One night Jennifer thought she saw John flirting with a neighbor and she quickly became jealous and agitated. She started screaming at him and lunged her hands and arms at him. John was much stronger and taller, so he restrained Jennifer by using just enough force to stop her from striking him. Meanwhile, a neighbor who had heard the screaming called the police. When they arrived, Jennifer accused John of using force to hurt her. John was arrested for battery.

 

Depending on the specific charge, a conviction could potentially result in:

 

  • Jail – mandatory 5 days if there are injuries
  • $1000 fine
  • Probation – up to 12 months
  • Mandatory Batterer’s course
  • Permanent criminal record – cannot be sealed or expunged
  • Loss of right to possess firearms
  • Issuance of a No Contact Order – cannot contact party in person, by phone, email, etc.

 

Domestic violence arrests are often based on “he said – she said” evidence. As well, in many instances, even when the alleged victim wishes to recant or drop the charges, the prosecution will still pursue a conviction.

 

Domestic Violence Attorney David W. Olson, Serving West Palm Beach and South Florida

 

If you have been charged with domestic violence, it is advisable to hire an experienced domestic violence lawyer immediately. David W. Olson represents clients charged with domestic violence and all other criminal matters.

 

Attorney Olson’s practice areas include all Florida and federal felonies and misdemeanors, including weapons offenses, drug charges, DUI, DUI manslaughter, weapons offenses, assault, murder, sex offensesprobation issues and more.

 

David W. Olson has attained a 5.0/5.0 AV Preeminent Peer Rating – the uppermost rating possible and an indication of the highest level of professional excellence and ethical standards. Attorney Olson serves clients in West Palm Beach, Palm Beach, South Florida and throughout the state. To schedule an appointment, contact us at 561-833-8866.