When Should I Hire a Domestic Violence Lawyer?

Tampa Domestic Violence Lawyer

Out of all of the states in the U.S., Florida is one of the strictest and most aggressive when it comes to preventing and prosecuting crimes for domestic violence. Tougher sentencing and arrest policies have been enacted, and it has become more difficult for victims of domestic violence to drop the charges, even when they desire to do so. Charges can be, and are often filed without the assistance of the victim, based on law enforcement's determination of probable cause, and once they have been brought into the case, you have no power to impact what occurs.

Under such conditions, it is in your best interest to hire an experienced Tampa Domestic Violence Attorney from The Law Office of Timothy Hessinger. Domestic violence laws in Florida are very complex. Attorney Tim Hessinger is a former Florida state prosecutor with over 20 years of experience who has represented hundreds of domestic violence clients, and he understands exactly how the prosecution will put together their case. The article " Strike While The Iron Is Hot-Impacting The Prosecutor's Filing Decision" on this website explains how the information a seasoned domestic violence defense attorney gives to the prosecution influences the decision of the State's Attorney's Office when it comes to deciding whether or not to file a case. Many times this evidence will stop the case from being filed at all.

Defense Against a Restraining Order

It is common for the victim in a domestic violence case to obtain a restraining order or injunction against you. Based on this order (also known as an injunction), it is possible that you may not be allowed to have any contact with your children, or with the victim. You may even be ordered to move out of your house, if you co-habit with your accuser. A temporary injunction is frequently granted by a judge without you being present or receiving notice. These temporary "exparte" injunctions are easy for the alleged victim to obtain and almost always give the alleged victim exclusive possession of the home. The temporary injunction will preview that the alleged abuser not come within 500 feet of the home and have no contact whatsoever with the alleged victim. This means no mail, email, texts, flowers or messages passed on to the alleged victim by a third party.

The sheriff will serve the temporary injunction on the alleged abuser with a notice of hearing for a "return hearing." At the return hearing a judge will determine if the injunction should be dismissed or made permanent. Not having an attorney present to represent you at this hearing is not in your best interest, especially if the victim has legal representation. Having a lawyer by your side may make the difference between the order being lifted or having it issued, perhaps for some time to come. Any statements made by the alleged abuser at the hearing are recorded and can be used as evidence against the alleged abuser by the state attorney. If the alleged abuser violates the injunction a separate criminal charge is usually filed by the state attorney. If you have been accused of domestic violence, sexual battery, or child abuse, we are here to provide the strong defense you are entitled to.

Contact a Tampa domestic violence attorney today to discuss your case.