Fort Myers Domestic Violence Lawyer

Fort Myers Domestic Violence Attorney

Being accused of domestic violence can have a significant effect on your life. If convicted, you may face legal consequences, including fines and possible jail time. The damage to your reputation can also be far-reaching, potentially keeping you from certain job opportunities and affecting your social standing. If you are facing domestic violence charges in the Fort Myers area, you should consult an experienced Fort Myers domestic violence lawyer.

About Day, Gorman & Hopkins, PLLC

When you are facing serious charges like domestic violence, you need a legal defense team that can stand up under pressure. At Day, Gorman & Hopkins, PLLC, we have the legal knowledge, confidence, and trial experience to support you and defend your rights and reputation. From our office in Naples to the Lee County Courthouse, we walk with our clients every step of the way.

What Constitutes Domestic Violence in Florida?

Domestic violence is a major problem in the United States at large and in Florida. Every year, more than 10 million American adults experience some form of domestic violence. During fiscal year 2024-2025 alone, 12,425 people in Florida sought the services of domestic violence shelters.

In Florida, domestic violence is defined in Chapter 741, Section 28 of the Florida Statutes. Under Florida law, domestic violence consists of one household or family member committing violence or threatening to commit violence against another household or family member. This encompasses offenses like assault, battery, sexual assault, stalking, and false imprisonment.

According to the legal definition, a family or household member can be a spouse, ex-spouse, blood relative, relative by marriage, or any other person living with the offender in a family structure. The law also applies to any person with whom the offender shares a child, even if they do not live together or have never lived together.

What Are the Potential Consequences of a Domestic Violence Conviction in Florida?

Domestic violence, as long as it does not result in grievous bodily harm and does not involve a weapon, is a misdemeanor in Florida. If the violence did not occur in the presence of a child younger than 16 years of age, Florida Statutes Chapter 741, Section 283 dictates that a first offense results in a minimum of 10 days in jail. Second and third offenses carry minimum sentences of 15 and 20 days, respectively.

Sentences are slightly more severe if the violence occurs in the presence of a child under the age of 16. A first offense under these circumstances carries a minimum sentence of 15 days in jail, with second- and third-offenses incurring 20- and 30-day sentences, respectively. Whether the violence took place in the presence of a minor or not, third and subsequent offenses may result in prison time, rather than a short stint in county jail.

Regardless of a defendant’s prior convictions or lack thereof, a judge may impose heavier sentences based on the circumstances of the incident in question. Additionally, if the violence results in serious injuries or involves assault with a deadly weapon, the charges can be upgraded, with potentially much more grave consequences.

Why Should You Hire a Domestic Violence Lawyer?

If you are facing domestic violence charges, the first thing you should do is hire a domestic violence lawyer. Your attorney can gather information about you and the allegations and work to build a case in your defense. While the justice system is designed to protect defendants’ rights and to assume innocence until guilt is proven, the reality does not always reflect those ideals.

Whether through personal bias, mishandling of evidence, or dereliction of duty, law enforcement officers, prosecuting attorneys, and court officials sometimes violate defendants’ rights. Your attorney can observe the proceedings of any investigation or trial, watching for procedural mistakes or unfair practices. In some cases, an experienced attorney can make all the difference in the ultimate outcome of a case.

FAQs

Is Domestic Violence Ever a Felony in Florida?

Yes, domestic violence can be charged as a felony in Florida. It is uncommon for first- or second-offense cases to be escalated beyond a misdemeanor, but certain aggravating factors can result in felony charges. For example, if the victim suffers serious injuries or if the violent act involves the use of a deadly weapon, the crime may be charged as a felony.

How Much Does It Cost to Hire a Domestic Violence Attorney in Fort Myers?

The cost to hire a domestic violence attorney in Fort Myers can vary greatly depending on the complexity of the case, the amount of time the lawyer expects to spend working on it, and the individual attorney’s rates and fee structure. Most attorneys require an up-front fee called a retainer to begin using their services. Once this lump sum is paid, the lawyer’s actual hours spent on the case are billed against the initial deposit.

Can a Person With a Domestic Violence Conviction Own a Firearm in Florida?

No, a person with a misdemeanor domestic violence conviction cannot lawfully own a firearm in the state of Florida. This is a federal law, found in Chapter 18, Section 922 of the United States Code. State law is reflective of this position. Under Florida Statute 790.233, a person with a permanent injunction against them for domestic violence cannot possess a firearm or ammunition.

Can a Domestic Violence Conviction Result in Job Loss in Florida?

Yes, theoretically, your employer can fire you because of a domestic violence conviction in Florida. Being accused or convicted of domestic violence does not place you in a protected class for purposes of nondiscrimination, and Florida is an at-will state for employment. Your attorney can discuss potential social consequences of the allegations against you and possible ways to protect your reputation.

Contact Day, Gorman & Hopkins, PLLC

If you are facing domestic violence charges, you may feel overwhelmed, stressed, and isolated. The legal system can be complicated, but you do not have to navigate this unknown territory alone. Contact Day, Gorman & Hopkins, PLLC, for a free consultation to discuss your case.