Domestic Violence Lawyer in Orlando, FL

Name: Domestic Violence
Brand: O’Mara Law Group
Rating: 4.5 (71 reviews)

When people come to us for criminal defense, it is usually during the worst time in their lives; they are worried, confused, and stressed. Domestic violence is one of the most common violent crimes. In fact, 20 Americans are physically abused every minute of the day, with 10 million women and men becoming victims each year, according to the National Coalition Against Domestic Violence. As such, domestic violence crimes are punished severely. When the victim is a family or household member, instead of a simple assault charge, the defendant is faced with a higher penalty because of their relationship to the alleged victim. The domestic violence lawyers in Orlando at the O’Mara Law Group have extensive experience with such cases and are ready to take on your case today.

Domestic Violence Overview

Penalties for Domestic Violence in Orlando

Domestic violence is a broad term. It includes the following offenses, as per Florida statute 741.28:

Assault;
Aggravated assault;
Battery;
Aggravated battery;
Sexual assault;
Sexual battery;
Stalking;
Aggravated stalking;
Kidnapping;
False imprisonment, or
Any other offense causing physical injury or death of a family or household member by another family or household member.

Domestic violence carries a mandatory minimum jail sentence of five days.

three women sitting around a table looking at documents

Domestic Violence

Assault and Aggravated Assault

Domestic violence assault is a common form of domestic violence. It does not require any physical injury or contact to occur, and can be as simple as a threat of violence or throwing an object across the room in a violent manner. Assault is a second degree misdemeanor, while aggravated assault is a third degree felony.

Domestic Violence Battery

The most common criminal form of domestic abuse is domestic violence battery. This includes pushing, hitting, grabbing, holding down the victim against their will, biting, slapping, choking, and any other physical violence. Domestic violence battery carries a charge of first-degree misdemeanor, which is punishable by up to one year in jail and a $1,000 fine, not including restitution. In addition, a defendant who is found guilty will also be required to take a 26-week domestic violence education course, 12 months of probation, forfeit any firearms or concealed record permits during their probation and will be ineligible for their criminal record to be expunged. Aggravated domestic battery, which involves the use of a weapon, is a second-degree felony, punishable by up to 15 years in prison, in addition to other penalties. The elements required for aggravated domestic battery include the following:

Intentional Contact: It must be proven that the defendant wilfully and intentionally made harmful contact with the victim and knowingly caused them bodily harm or disfigurement.
Deadly Weapon: The use of a potentially deadly weapon will elevate a simple battery to an aggravated battery.
Harming a Pregnant Woman: Harming a woman who is known to be pregnant or who can reasonably be expected to be pregnant qualifies a battery as aggravated.

Real Client Testimonial

I can honestly say I appreciate everything O'Mara Law Group has done for me. The staff is beyond amazing.

S.S.

Get the Legal Help You Need Now.

You May Have Treatment Options as an Alternative to Incarceration

Depending on the facts of the case, you may be a good candidate to have your case heard in Orange County Drug Court, with a possible outcome being treatment and behavioral modification rather than punishment. Choosing diversion over defending your case in court is a great result for many, but it does come with its own risks and consequences, so you should consult with your attorney before making important decisions on how to handle your case.

Intentionally causing serious bodily injury, permanent disability, or permanent disfigurement;
The use of a deadly weapon; or
The victim was pregnant and the defendant knew or should have known.
Aggravated battery;
Sexual assault;
Sexual battery;

Family or Household Members

In order for the incident to fall under domestic battery, the victim must have a relationship with the defendant. This relationship includes:

A spouse;
A former spouse;
A blood marriage relationship;
People living together as if a family or have done so in the past;
A parent of a common child.

Why Choose the Domestic Violence Defense Attorneys at O'Mara Law Group in Orlando, Florida?

Domestic violence allegations can affect nearly every aspect of your life, from your freedom and employment to your family relationships and reputation. A conviction may result in significant penalties, making it critical to have experienced legal representation from the start. At O'Mara Law Group, we defend individuals facing domestic violence charges with strategic counsel and a proactive approach tailored to the facts of each case.

Founding partner Mark O'Mara is among the limited number of Florida attorneys board-certified in both Criminal Trial Law and Marital and Family Law. His extensive litigation experience supports our firm’s ability to handle serious and sensitive criminal matters.
Our team has earned recognition as Super Lawyers and Top 100 Trial Lawyers through a continued commitment to strong advocacy and client-focused representation.

If you have been arrested for domestic violence, regardless of the misdemeanor or felony charges against you, you must understand the gravity of your situation. You need to contact a domestic violence attorney in Orlando at once. Our criminal defense attorneys in Orlando with the O’Mara Law Group have been defending clients since 1982, and are prepared to take on your case today. Call the O’Mara Law Group today at 407-413-882 to schedule a consultation.