West Palm Beach Domestic Violence Lawyer

West Palm Beach Domestic Violence Attorney

An accusation of domestic violence can be devastating because it often involves the entire family. Even if you are merely under arrest and awaiting trial, the court can severely restrict access to your children, home, personal belongings, and places you frequent. If you are facing this serious type of criminal charge, you can rely on the services of a West Palm Beach domestic violence lawyer to represent you in court.

Oftentimes, a domestic battery arrest results in the alleged victim also filing a restraining order, which will further reduce your access to your children, home, etc. If you think you can easily try and handle such a case yourself because you were once in a relationship with this person, you could be very wrong. In fact, after a restraining order has gone into effect, any effort on your part to reach out to or contact the alleged victim could lead to additional charges against you.

Domestic violence encompasses a range of offenses that occur in a domestic setting. Domestic violence could mean any of the following actions inflicted by one family or household member against another:

• Any criminal offense resulting in physical injury or death
• Assault
• Aggravated assault
• Aggravated battery
• Battery
• False imprisonment
• Kidnapping
• Sexual assault or battery
• Stalking

Note that a family or household member includes:

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

Florida law treats domestic violence accusations very seriously. Most calls to law enforcement in the context of a “domestic disturbance” result in the arrest of one of the parties, even if the alleged victim requests that an arrest not be made or there are no visible injuries.

In other words, someone will go to jail simply due to the nature of the accusation. Following this exchange with law enforcement, if you have been detained and a restraining order has been filed against you, any violation of this order will lead to drastic consequences in addition to your initial accusation.

Domestic violence cases should be taken very seriously and handled with careful attention to detail. Especially in a case of domestic violence with a restraining order against you, your one phone call should not be to the alleged victim, but to an experienced criminal defense lawyer. Attorney Nellie L. King has handled countless domestic violence cases in Florida throughout her career.

She understands how these cases change lives forever, especially if the accusation is made on false pretenses, out of spite, or for one party to gain an advantage in a divorce action. Attorney King will work one-on-one with each of her clients to develop a personalized defense strategy that is both aggressive and compassionate.

Understanding Florida’s Domestic Violence Laws and Legal Process

Florida’s domestic violence laws are defined under Florida Statute §741.28, which covers offenses like assault, battery, false imprisonment, and stalking committed between family or household members. These include:

• Spouses
• Relatives
• Cohabitants
• Parents of a shared child

In 2020, law enforcement agencies across Florida documented roughly 106,515 crimes of domestic violence, resulting in over 63,000 arrests statewide. By 2023, the state reported 71,431 domestic violence offenses, averaging about 315 cases per 100,000 residents. That same year, Palm Beach County recorded 30,287 arrests.

Once a domestic violence arrest occurs, the accused is typically booked into jail within hours, followed by a first appearance hearing within 24 hours, where bond and no-contact orders are set. A temporary restraining order may also be issued, lasting up to 15 days before a hearing determines whether a permanent injunction will follow.

If you enter a plea of not guilty, the case proceeds to the pre-trial phase, where both the prosecution and defense examine the evidence and take steps to build their respective cases. Criminal cases are resolved by beating charges and securing a dismissal, plea bargaining, or trial.

No Contact Order

In most domestic violence cases, the court will order that you have “no contact” with the alleged victim, directly or indirectly, under any circumstances. This order is commonly put in place as a standard condition of release prior to your release from custody and prior to you going to trial and being convicted.

Be aware that a no-contact order may restrict your access to your own home, preclude you from seeing your children, and even restrict your access to your workplace if the alleged victim also works there.

If a no-contact order is negatively impacting you, seek qualified criminal defense counsel to modify these restrictive living conditions. A motion to modify the conditions of your release may result in you being able to resume a somewhat normal life until the accusations against you are heard in court.

Domestic Violence Allegations and Restraining Orders in West Palm Beach, FL

Following an arrest for domestic violence in West Palm Beach, FL, the alleged victim will have the option to file a restraining order against the accused. Sometimes, the alleged victim might receive aid in this process from victim service coordinators or representatives of the State Attorney’s Office.

A domestic violence restraining order (TRO) can be filed against:

• A spouse or former spouse
• A person related by blood or marriage
• A person you reside with, or once resided with, as if a family member
• A person you have a child with

Note that in order for a restraining order to be granted, one of the following acts must have taken place:

• An act of domestic violence
• An act that causes the petitioner to have reasonable cause to believe that he or she is in imminent danger of becoming a victim of domestic violence

If you are served with a temporary restraining order following a no-contact order, as discussed earlier, you may experience similar restrictions to accessing your home, children, and workplace. These conditions, among others, can act as a pseudo-divorce because of the power the judge has to restrict you from people and places, as well as the financial conditions the restraining order court can impose for familial support.

Once served with the temporary restraining order, the court will set a hearing to determine whether to impose a permanent injunction for protection. It is in your best interest to hire an experienced West Palm Beach Domestic Violence Lawyer for this hearing because of the long-term ramifications if the injunctive relief is granted.

Be aware that the harsh reality of restraining orders is that you don’t need to be convicted of domestic violence for the court to impose a temporary or permanent injunction. The alleged victim/petitioner can bring up aspects of your relationship from years in the past to substantiate the request for the TRO.

Quite frankly, many domestic violence accusations are filed out of anger, spite, or resentment, or in order to gain an advantage in a pending divorce action. As a result, restraining orders could be based on false allegations.

Why You Should Hire a Domestic Violence Lawyer

If you stand charged with harming a family member or either a former or current romantic partner, your first step should be to hire a domestic violence lawyer with experience managing complex domestic violence cases. Florida’s domestic violence laws carry harsh penalties for anyone convicted of harming an intimate partner or member of their household.

A West Palm Beach domestic violence attorney can be a powerful advocate for your rights and interests. Lawyers understand when to fight charges and when to negotiate outcomes to your case that protect your freedom and reputation.

FAQs

How Much Do Lawyers Charge for Domestic Violence Cases?

The legal fees you’ll spend on your defense vary depending on the attorney’s years of experience, reputation, and the time and resources they will need to put into your case. Some lawyers charge a flat fee, while others bill hourly.

Cases that go to trial require considerable time on the part of a defense lawyer. More complex cases involving restraining orders or felony charges typically cost more, reflecting the higher stakes and the preparation required for an effective defense.

Why Do Domestic Violence Cases Get Dismissed?

Domestic violence cases are commonly dismissed due to the complexity of romantic relationships. When the victim intimately knows the accused party, there can be inherent conflicts of interest. If the victim proves unreliable or has a motive to harm a former partner’s reputation, that can create serious issues for the prosecution. In addition, lack of evidence, recanted statements, or procedural errors often lead judges to dismiss these charges before trial.

How Do I Beat a Domestic Violence Charge in Florida?

You can beat a domestic violence charge in Florida by working with a defense lawyer who has years or decades of experience helping clients beat their charges. An attorney can challenge the credibility of the alleged victim, expose inconsistencies in witness statements, and identify procedural errors or false accusations. The stronger your defense, the better positioned you’ll be to avoid serious penalties.

How Much Time Do You Get for Domestic Violence in Florida?

The time you get for domestic violence depends on whether the victim was physically or mentally harmed and whether the defense was able to weaken the prosecution’s case. A simple misdemeanor battery may lead to up to one year in jail, while aggravated battery or felony-level offenses can result in multi-year prison sentences. Judges also consider prior convictions, the severity of injuries, and whether a restraining order was violated.

Contact Our West Palm Beach Domestic Violence Lawyer Today

Attorney Nellie L. King is an experienced West Palm Beach domestic violence lawyer who can help you make sense of your situation and strategize a defense when your home life has been compromised due to an arrest or restraining order petition.

She strives to get her clients back to a sense of normalcy during the chaos that can result from such allegations, and she will fight to ensure that your rights are protected and your name is cleared. Contact our office today to schedule your initial consultation and gain the support of a skilled and respected criminal defense attorney.

Law Offices Of Nellie King – West Palm Beach, FL Office

319 Clematis Street
Suite 604
West Palm Beach, FL 33401

Client Testimonials

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“I’m very grateful that I had Nellie in my corner. I can’t imagine my situation being resolved more positively for me. She cares about people. I believe it’s that simple. I will always be in her debt for what she did for me!”
— Paul Olekoski

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“The Law offices of Nellie King really came through for me during a difficult situation with the law. Nellie and her associates immediately began working on the case. She came to the court house spoke on my behalf and got me out of jail. She kept pressure on the prosecutor who eventually dropped all charges. My record and reputation intact. Thank you sincerely for all the hardwork, endless phone calls made, and motions filed in defense of my case. Top notched Law office and true skillful professionals. A++”
— Nelson Castro

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West Palm Beach, FL Domestic Violence Legal Resources

West Palm Beach, FL Domestic Violence