Naples Domestic Violence Defense Lawyer

Domestic Violence Defense Attorney in Naples, FL

Domestic violence is a serious issue in today’s society. If you’re facing charges, you should know that the legal system will throw everything it can at you to get them to stick. A skilled Naples domestic violence defense lawyer can help you understand the charges being brought against you and construct an argument in your defense.

Trust The Caldarone Law Group, P.A.

The team here at The Caldarone Law Group, P.A., has over ten years of experience with defending clients against criminal charges, including domestic violence allegations. Our founding attorney, Justin P. Caldarone, has extensive trial experience and is known for his personalized approach to every case. We’ve helped other alleged perpetrators of domestic violence get positive outcomes in their cases. We can help you, too.

Why Hire a Domestic Violence Defense Lawyer?

Domestic violence is relatively commonplace in Florida. In 2020, 106,515 cases of domestic violence were reported to Florida law enforcement agencies. Homes for abused women and children, such as Project HELP, Inc., abound, offering services to Floridians in need. In FY 2023-2024, the Florida Partnership to End Domestic Violence fielded 75,746 hotline calls, and local shelters provided 603,577 nights of emergency shelter. In serious criminal cases, individuals may also seek guidance from a Naples Violent Crime Lawyer to understand their legal options.

Because domestic violence is so common and so frequently underreported, people charged with this crime can face devastating consequences. You deserve a fair shot at defending yourself against the charges being brought against you, which is why you should hire a domestic violence defense lawyer who can help. Your lawyer can evaluate the evidence and the prosecution’s case to determine the ideal way to move forward.

What Is Domestic Violence?

Florida defines domestic violence as a certain type of violent act committed against family or household members. You can only commit domestic violence against certain people, including:

• Spouses
• Ex-spouses
• Co-parents of children
• Relatives related by blood or marriage

In Florida, you can also be charged with domestic violence for acts occurring between two unrelated people who currently live together. The crimes that qualify as domestic violence in Florida include:

• Assault
• Aggravated assault
• Battery
• Aggravated battery
• Sexual assault
• Sexual battery
• Stalking
• Aggravated stalking
• Kidnapping

If you’re facing aggravated assault, battery, or stalking charges, the stakes can be even higher because your charges could be prosecuted as felonies in Naples, FL.

Florida’s Mandatory Arrest Laws

Under Florida Statute 741.2901, police officers must make arrests with probable cause in domestic violence calls regardless of whether the alleged victim requests the arrest or if they recant their statements later. There are steps your Naples domestic violence attorney can take to help if you’ve been arrested under this law.

What to Expect From the Collier County Court Process

The alleged victims of domestic violence can request injunctions through the Collier County Circuit Court if they live in Collier County or the incident of violence took place there. The petition for an injunction is filed through the Clerk’s Office located at 3315 Tamiami Trail East in Naples or at 106 South First Street in Immokalee.

The Clerk’s office is partnered with the local domestic violence shelter to provide advocacy for alleged victims of domestic violence, and advocates can assist those filing petitions for injunctions with answering questions. It takes an hour or more to complete the documents required. 

After the forms are submitted, the Collier County Sheriff’s Office serves certified copies to the Respondent. The information contained in the petition is sealed from public view until the Respondent has been served. At that point, the Respondent must adhere to the terms of the injunction, which could include leaving their current housing situation if they share a home with the alleged victim and giving up their firearm rights.

Challenging Temporary Injunctions

You can challenge an injunction on procedural grounds with the help of an attorney on the hearing date set when the temporary injunction was issued. If you fail to appear at the hearing, the injunction is usually granted. Your attorney can help you gather documentation, interview witnesses, and come up with a case that the petitioner failed to show a preponderance of evidence of threat or violence.

Appealing Injunctions

If you want to appeal the temporary injunction, you’ll need to file a Notice of Appeal within 30 days of the final order’s filing. Your appeal must follow the Florida Rules of Appellate Procedure and must be filed with the appellate court.

Modifying Existing Injunctions

If a final injunction has been ordered, you can file a Motion for Modification of Injunction for Protection. You’ll need to show a significant change in circumstances that indicates why the injunction is no longer necessary.

While you’re waiting for the modification to be granted, you should not violate the order. Violating an injunction can lead to criminal charges, even when petitioners invite contact.

Defenses Against Domestic Violence Charges

The correct defense strategy against your charges will vary depending on the particulars of your case. There are, however, some strategies that lawyers use more often than others to defend against allegations of domestic violence. They include:

• Self-defense. If you can prove that you were acting in self-defense when you became violent toward a domestic partner, you won’t be convicted of domestic violence.
• Consensual confrontation. Consensual confrontation, or mutual combat, defenses hinge on both parties consenting to and participating in the violent act.
• Absence of evidence. Just making an allegation of domestic violence isn’t enough to get someone convicted. There must be corroborating evidence, such as injuries or witness statements.
• Lack of credibility. If your accuser lacks credibility, we can use that to improve your chances of walking away from the charges. Vindictive accusers rarely look good in court.
• Motions to suppress. If the police violated your rights in the process of searching or arresting you, any information gained from the arrest could be inadmissible.

Potential Penalties for Domestic Violence Charges

The minimum punishment for domestic violence in Florida is five days in county jail. However, the court can sentence convicted offenders to imprisonment in a state prison or place them on probation.

If the state can charge you with other criminal offenses related to domestic violence, such as assault and battery, you’ll face different penalties. Assault is a second-degree misdemeanor, while aggravated assault is a third-degree felony. Battery is a first-degree misdemeanor or a third-degree felony.

FAQs

Why Do Most Domestic Violence Cases Get Dismissed?

Most domestic violence cases get dismissed because of insufficient evidence. Sometimes, the accuser refuses to testify. In other cases, a lack of independent witnesses or physical evidence can hold up the case. Procedural errors on the part of law enforcement, inconsistent victim statements, and victim credibility issues can all come into play to get domestic violence cases dismissed, as well.

How Can You Get Domestic Violence Charges Dismissed?

You can improve your chances of getting domestic violence charges dismissed by working with a skilled Naples domestic violence defense attorney. Defense attorneys with experience in this field know how to craft effective domestic violence defense strategies and apply them to your case. They can also identify procedural errors and other issues that could be used to request a dismissal.

What Is the Ideal Defense for Domestic Violence Charges?

There is no single ideal defense for domestic violence charges. Every case is different. However, strong defenses typically focus on self-defense, false allegations, accidents, reasonable doubt, or police misconduct. To determine which of these strategies will be most effective, your lawyer can evaluate every aspect of the case, looking for weak points in the prosecution’s arguments.

How Much Does It Cost to Defend a Domestic Violence Case?

The cost to defend a domestic violence case varies. If your case is extremely complex or must go to trial, you can expect to pay more than you would to resolve an easy-to-address domestic violence charge outside of court. Attorney experience also influences the cost of defending against domestic violence charges. More experienced attorneys tend to have higher hourly rates.

Can Domestic Violence Charges Be Dropped if the Victim Recants in Florida?

Domestic violence charges can’t be dropped if the victim recants in Florida because the decision to pursue criminal charges rests with the State Attorney’s Office. If the State Attorney’s Office determines that it does not have sufficient evidence to pursue a domestic violence case without the victim’s recanted statement, though, the charges could be dropped due to insufficient evidence.

What Happens to My Gun Rights After a Domestic Violence Charge in Collier County?

What happens to your gun rights after a domestic violence charge in Collier County is that they are temporarily suspended. You will need to surrender your firearms and ammunition to the police, obtain a receipt of surrender, and file the receipt with the court. There are procedures in place for the return of firearms after the valid injunction has expired.

What Happens if I Violate an Injunction in Collier County, Florida?

If you violate an injunction in Collier County, Florida, you could face criminal charges. Contacting someone who has taken out a protective order against you is a first-degree misdemeanor punishable by up to a year in jail. If you believe the injunction is unjust, you can contest it in court by filing an appeal, challenging the injunction, or filing a motion to modify it.

Your Naples Domestic Violence Defense Lawyer

If you’re facing charges, you should hire a Naples domestic violence defense lawyer right away. The Caldarone Law Group, P.A., is a great option. Founded by Justin P. Caldarone, a trial lawyer with over a decade of experience, the firm provides aggressive, client-focused defense. Our team understands domestic violence defense laws and how we can use them to improve your chances of walking away from your charges. Contact us to schedule an initial consultation today.