Jacksonville Domestic Violence Lawyer

Dedicated & Comprehensive Legal Support

Domestic violence is a serious crime in Florida. A conviction can lead to jail time, fines, and other penalties. Courts may also order you to stay away from your home and your family. If you face domestic violence charges, act quickly and seek legal representation as soon as possible.

At Law Office of Russell B. McCormick, PA, we understand what is at stake in domestic violence cases. Your future is on the line, and we are ready to fight for you. Our Jacksonville domestic violence lawyer has over a decade of legal experience and is committed to providing the aggressive, effective defense you deserve.

Call our firm today at (904) 353-0436 or contact us online to schedule a free consultation with our domestic violence attorney in Jacksonville and throughout Nassau, St. Johns, Clay, and Baker Counties.

Understanding Domestic Violence Laws in Florida

In Florida, domestic violence is not a single crime but a designation applied to a criminal offense such as assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any other criminal offense, when the victim and the accused are "family or household members," as defined by Florida Statute 741.28.

For the domestic violence designation to apply, the offense must occur between:

• Spouses or former spouses.
• Persons related by blood or marriage.
• Persons who are presently residing together as if a family, or who have resided together in the past as if a family.
• Persons who are parents of a child in common, regardless of marriage.

The moment this relationship is established, the charge carries the domestic violence label, triggering the enhanced penalties and mandatory sentencing rules that a knowledgeable domestic violence attorney in Jacksonville must be prepared to combat.

It is important to note that you can be charged with domestic violence even if you did not physically harm the alleged victim. For example, if you are accused of threatening to harm your spouse, you could be charged with domestic violence. 

Additionally, you can be charged with domestic violence even if you did not have any physical contact with the alleged victim. For example, if you are accused of stalking your ex-girlfriend, you could be charged with domestic violence.

Penalties and Collateral Consequences of Domestic Violence Convictions in Jacksonville

A conviction for domestic violence is uniquely punitive in Florida, imposing both escalating mandatory jail terms and permanent restrictions on fundamental rights.

Direct Penalties and Mandatory Minimum Jail Time

A first-offense Domestic Violence Battery is a First-Degree Misdemeanor (up to 1 year in jail, up to $1,000 fine). However, Florida Statute 741.283 mandates minimum jail sentences if the court finds you intentionally caused bodily harm:

• First Offense: Minimum of 10 days in the county jail.
• Second Offense: Minimum of 15 days in jail.
• Third or Subsequent Offense: Minimum of 20 days in jail.
• In Presence of a Child (under 16): These minimums are increased to 15, 20, and 30 days, respectively.

All convictions also mandate a minimum of one year of probation and require completion of a 29-week Batterer's Intervention Program (BIP).

Domestic violence is typically charged as a misdemeanor in Florida. However, it can be charged as a felony if:

• You have a prior domestic violence conviction
• You have a prior conviction for any other violent crime
• You caused serious bodily injury to the alleged victim

Lifelong Collateral Consequences

The impact of a domestic violence conviction is felt long after the sentence is served:

• Permanent Loss of Firearm Rights: Under federal law (the Lautenberg Amendment), a conviction for a misdemeanor crime of domestic violence results in the permanent forfeiture of your right to possess, purchase, or transport a firearm or ammunition. This is an immediate and life-altering consequence.
• Protective Orders: The court will almost certainly impose a No Contact Order as a condition of pretrial release and probation, forcing you to move out of your residence and cutting off communication with the alleged victim and, often, your children.
• Child Custody Impact: A domestic violence finding creates a rebuttable presumption that the perpetrator should not be granted shared parental responsibility or unsupervised time-sharing in family court proceedings.
• Inability to Seal or Expunge: Unlike most misdemeanors, a conviction for any crime with a finding of domestic violence is ineligible for expunction or sealing, leaving a permanent public record.

Securing a non-guilty verdict or a dismissal is essential to avoid these permanent losses. This requires a dedicated domestic violence attorney in Jacksonville.