If you are accused of domestic violence in Florida, the number one thing you must remember is to REMAIN SILENT. Ask for an attorney and do not give any statement to police, written or otherwise. Also remember that you cannot contact the victim! There may be protective orders in place and anything you say or do to the victim can be used against you. It is difficult when there are children involved but contact your lawyer for advice on how to deal with timesharing. Courts treat domestic violence very seriously and you can find yourself in jail for quite a while if you are not careful to follow orders in place. As in Zach Smith’s case, you could find yourself with additional charges like trespassing and stalking.
Under Florida law, Domestic Violence Battery is defined as any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person, when the person struck is a family or household member. Penalties can include up to one year in jail or 12 months probation and up to a $1,000.00 fine. You may also face completion of a 26 week Batterer’s Intervention Program (BIP), additional community service hours, loss of concealed carry rights, and 5 days required jail if you are adjudicated guilty and there is bodily injury.