Fort Myers Domestic Violence Defense Lawyer

Domestic Violence Defense Attorney in Fort Myers, FL

Domestic violence convictions can come with intense social stigma, relationship damage, and criminal penalties. Defending against these charges with the help of a Fort Myers domestic violence defense lawyer is essential to prevent severe consequences. 

The Caldarone Law Group, P.A., Experienced Domestic Violence Lawyers Near You

The Caldarone Law Group, P.A., has over 10 years of criminal defense experience. We have a proven track record of getting domestic violence cases dismissed and achieving not-guilty verdicts, helping people move forward after receiving a domestic violence charge. We know this can be a difficult time in your life, especially with anxiety over potential penalties, but we seek to minimize your stress and provide an aggressive defense to mitigate negative consequences. 

Domestic Violence Charges in Fort Myers

Domestic violence is a widespread issue in Fort Myers and across the country. From 2023-2024, 1 in 4 women and 1 in 10 men experienced physical violence from an intimate partner. In Fort Myers, some victims file an injunction with the Lee County Clerk of the Circuit Court, filing online or in the Justice Center. However, domestic violence can lead to an arrest and criminal trial. 

Florida police departments receive over 100,000 reports of domestic violence offenses, which cover a variety of crimes that involve causing physical harm or death to a family or household member. Offenses that can be domestic violence offenses when committed against a family member include:

• Assault or aggravated assault
• Battery or aggravated battery
• Sexual assault or battery
• Stalking or aggravated stalking
• Kidnapping
• False imprisonment

Consequences You May Face in a Domestic Violence Defense Case

Domestic violence penalties can extend beyond jail time and fines. Other consequences may include re-education programs, community service, or probation. Additionally, a conviction leads to a permanent criminal record. Having a domestic violence offense on your record can limit employment opportunities, lead to the loss of professional licenses, impact child custody and visitation cases, and limit your housing opportunities. 

Serious domestic violence cases, such as if it caused death or serious injury or if it was against a minor, may be a felony charge. Felonies can have prison sentences longer than one year and fines of over $1,000. Most domestic violence charges are misdemeanors, with penalties of up to one year in jail. Misdemeanors result in jail time for less than a year and fines under $1,000. The minimum jail sentences for misdemeanor domestic violence are:

• 10 days for a first offense
• 15 days for a second offense
• 20 days for a third or subsequent offense
• 15 days for a first offense in the presence of a child under 16
• 20 days for a second offense in the presence of a child under 16
• 30 days for a third or subsequent offense in the presence of a child under 16

Why You Should Hire a Domestic Violence Defense Lawyer

A Fort Myers domestic violence defense attorney can provide guidance from an arrest through sentencing. Their relentless advocacy for you and your case can result in outcomes including dismissed charges, reduced charges, or reduced penalties. A lawyer is essential when identifying a strong defense strategy, as they can analyze evidence, consider factors unique to their case, and apply their understanding of domestic violence defense laws. 

Defense strategies include:

• Self-defense. If you used appropriate force when defending yourself or another, your lawyer can use this defense by proving that the amount of force you used was appropriate in the situation. 
• An accident caused the injury. This defense can be used if you are alleged to have caused the victim’s injury, but it was sustained during an accident, not through your own actions. 
• Another person caused the injury. If another person caused the victim’s injury, your lawyer can prove that you did not cause the accident. This may involve having an alibi or showing surveillance camera footage of another person. 
• A lack of evidence. To be convicted of domestic violence, there must be enough evidence to prove your guilt beyond a reasonable doubt. Your lawyer can identify holes in evidence or file a motion to suppress illegally obtained evidence, challenging whether there is enough evidence for a conviction. 

FAQs

What Rights Do You Have During an Investigation for Domestic Violence?

Some key rights you have during an investigation into a domestic violence offense are the right to legal counsel, the right against self-incrimination, and the right against unreasonable searches and seizures. If you hire a domestic violence defense lawyer, they can protect all three of these rights, preventing law enforcement from gaining unnecessary information and threatening your ability to reduce or dismiss charges. 

What Kinds of Evidence Can Be Used in a Domestic Violence Case?

A variety of kinds of evidence can be used in a domestic violence defense case. Often, this includes police reports, medical records, security camera footage, and witness testimonies. A lawyer can analyze this evidence for weaknesses and can gather exculpatory evidence that proves your innocence. This evidence may include an alibi or evidence that disproves the victim’s claims, such as medical records that do not match the victim’s alleged injuries. 

Who Can Be a Victim in a Domestic Violence Case?

According to Florida’s domestic violence defense laws, domestic violence is against a family or household member in the same home or with whom you share a child. This can include a current or former spouse, relatives by blood or by marriage, or children. Unfortunately, 3.3 million children are impacted by domestic violence, either as a victim or by witnessing domestic violence between other family members.

Can Domestic Violence Include Online Offenses?

Yes, domestic violence charges, such as stalking, include cyberstalking or online harassment. Causing significant emotional distress or fear of harm through cyberstalking is a serious domestic violence offense. This may involve accessing your online accounts or home electronic systems without your consent, using your digital presence to stalk you, or electronically communicating inappropriate or threatening messages. 

Reach Out to a Fort Myers Domestic Violence Defense Attorney Today

Domestic violence charges threaten your relationships, freedom, and future opportunities.Contact The Caldarone Law Group, P.A., to learn how an experienced Fort Myers domestic violence defense lawyer can build a strong defense for your domestic violence defense case.