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The existence of such a relationship shall be determined based on the consideration of the following factors: Florida Statutes 784.046 allows for injunctions for Sexual Violence.“Sexual Violence” is defined as one incidence of sexual battery, lewd or lascivious act committed upon or in the presence of a person younger than 16, luring or enticing a child, sexual performance by a child, or any other forcible felony wherein a sexual act is committed or attempted.Due to the ‘domestic’ nature of the crime, the accused will face additional mandatory penalties under Chapter 741, Florida Statutes, including: Under Florida law, a person who commits an act of domestic violence battery or any other domestic-related crime of violence, as defined in Section 741.28, Florida Statutes, is ineligible to have his or her record sealed or expunged, regardless of whether adjudication is withheld.In other words, if you plead to any domestic violence charge, you will have lifetime criminal record for that offense. In Florida, domestic violence battery is one of the most defendable charges in all of criminal law, and a decision to plead should not be made without a lawyer thoroughly reviewing your case and considering all of your legal options.However, we do advise that you take your time and fill the application out yourself.Do not allow a courthouse employee fill out the form for you because if it is filled out incorrectly it will be you the judge gets angry with. Include dates and times and give a full detailed explanation of your reason for fearing for your safety.If you secure an injunction, do not contact the other party.If you are contacted by the other party or by a third party on his or her behalf, then you should advise law enforcement immediately.
Some of the more common defense strategies include the following: The importance of hiring an attorney in a Domestic Violence Battery case cannot be overstated.One of the key advantages of hiring a private attorney is the ability to make early contact with the prosecution.The early presentation of factual defenses, legal issues, and mitigating circumstances can have a dramatic impact on the State’s decision to move forward with a domestic battery charge.“Violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment, or any criminal offense resulting in physical injury or death, by a person against any other person.“Repeat violence” means two incidents of violence (defined above) or stalking committed by the respondent, one of which must have been within 6 months of the filing of the petition, which are directed against the petitioner or the petitioner’s immediate family member.