QUALITY, INTEGRITY, EXCELLENCE
Domestic Violence Cases
Both Criminal & Civil
If you are a man or a woman charged with domestic violence, contact an experienced Milton domestic violence attorney to fight your domestic violence or domestic battery case. We handle cases throughout the greater Pensacola area, including Escambia County (Pensacola, Pensacola Beach, Ensley, Bellview, Cantonment, Molino & Century) and Santa Rosa County (Milton, Pace, Gulf Breeze & Navarre), Florida.
If you have been charged with any domestic violence criminal charge or if someone is seeking a domestic volence injunction against you, you need an experienced Milton domestic violence attorney for the following reasons:
- The arrest and prosecution can be used against you in a divorce, family law, or child custody hearing.
- Under Florida law, you will not be able to immediately bond out of jail after an arrest for domestic violence because no bond will be set until after you see the judge at first appearance.
- If you do not have an attorney representing you at your first court appearance within 24 hours after your arrest, the court will usually impose a "no contact" provision that will prevent you from communicating with your spouse, returning to your home or even seeing your children until a motion to modify this condition of your bond is granted. This requires a separate court hearing.
- The charge itself is considered a "violent crime" and the mere allegation is extremely serious.
- Consider the fact that a conviction for any domestic violence offense will cause a lifetime ban of your right to possess a firearm under state and federal law.
- Most importantly, employers may be extremely hesitant to hire or promote anyone who has a domestic violence arrest or conviction on a criminal record. This is especially true if you work or wish to work in certain fields that require the use of a weapon as a condition of employment.
- Your professional licenses may be affected.
- Your admission into the military, schools, colleges, or universities may be affected.
- Even if you enter a plea of "no contest" and receive a "withhold of adjudication," you will never be able to seal your domestic violence record. This means that any employer will be able to view your mug shot on the law enforcement website and read embarrassing details about your arrest and prosecution on the clerk of court website.
- If you are not a U.S. citizen, you may be deported or your application for citizenship may be affected.
Contact a Milton domestic violence lawyer about all of the collateral consequences that will occur after you enter a plea (even if you are not convicted under Florida law). You should also find out more about the different Florida defenses that may apply to your case including:
- Motion to Supress Statement for Miranda Violation; or
- Motion to Dismiss the domestic violence charge.
Call today to speak with experienced Milton domestic violence and domestic battery attorney about an arrest in Escambia County (Pensacola, Pensacola Beach, Ensley, Bellview, Cantonment, Molino & Century) and Santa Rosa County (Milton, Pace, Gulf Breeze & Navarre), Florida, or the surrounding areas, call us today to discuss your case. In order to obtain the best result in your case you also need an attorney who can aggressively defend you against these charges filed in Escambia or Santa Rosa Counties or any of the surrounding areas throughout Northwest Florida. Call today for a consultation with Milton domestic violence criminal attorney, James Turner, who can discuss with you all options available to aggressively fight the charges you are facing.
Potential Sentencing Options upon a Plea of Guilty or "No Contest":
- Incarceration or a Lengthy Probation Sentence;
- Completion of a Batterers Intervention Program;
- Successful Completion of Community Service Hours;
- "No Contact" with the Alleged Victim or "No Violent Contact"- a violation of this condition can cause an arrest without bond for Violation of Probation and a separate charge of Felony Aggravated Stalking.
DOMESTIC VIOLENCE INJUNCTIONS
Representing the Victim
Violence and abuse occurring in the home is an unfortunate reality in homes across the country. The sad truth is that many instances of domestic violence go unreported and unpunished. Any type of domestic incident involving child abuse, elder abuse or spousal abuse is intolerable - no one should have to live with any type of abuse.
If you're the victim of threats, harassment, or assault in a domestic situation, we assist you in finding the help you need to ensure your personal safety. We can guide you through the process of obtaining a domestic violence injunction or restraining order that will prohibit your attacker from coming near you, from calling you at home or at work, or even from sending you e-mail.
We feel very strongly about our duty to uphold the rights of families and children throughout the state of Florida, and we will aggressively work to maintain your legal rights when you or a loved one has been a victim of domestic abuse or domestic violence.
Representing the Accused
Sadly, some people undermine domestic violence laws by making false accusations of domestic violence. Whether done out of anger, or to gain an advantage in divorce proceedings, an accusation of domestic violence has immediate and lasting consequences for the accused. At the James Turner Law Firm, LLC, we also represent individuals who have been falsely accused of domestic violence. It's an unfortunate fact that many charges of domestic violence are filed not because the alleged victim needs protection, but for the sake of a tactical advantage in a divorce case - especially where child custody and time sharing issues are likely to be in dispute.
Consider the consequences if a final injunction is entered against you:
- Your ability to purchase and possess weapons and ammunition is affected.
- The final injunction is enforceable in all 50 states.
- The final injunction may require you to leave a shared residence, restrict and limit visitation with minor children, and/or require you to pay support for minor children and/or the petitioner.
- If you violate a final injunction, you may be arrested and charged with a first degree misdemeanor for each violation with a maximum sentence of one year in jail under Florida law.
- If you stalk the petitioner, a person with an injunction against you, you may be charged with a second degree felony.
- You may be deported or your application for citizenship may be affected.
- Your employment applications or status may be affected, especially in certain fields if you are required to use weapons for work.
- Your professional licenses may be affected.
- Your admission into the military, schools, colleges or universities may be affected.
Dealing With Injunctions (i.e. - Restraining Orders)
If you have been named in a restraining order, you may have difficulty in gaining custody or visitation rights and you might not be treated equally in other divorce issues.
In these situations a temporary domestic violence restraining is entered against you without advance notice, but with an opportunity to come back to court to tell your side of the story before a permanent injunction is entered. Before the permanent injunction is entered, you need to consult with a lawyer.
If you have been falsely accused of domestic violence, do not assume that the truth alone will protect you. Contact a domestic violence lawyer immediately. James Turner can serve as your advocate in court to present the facts to dismiss the injunction.
If you are in need of a restraining order or injunction, there are other less frequently used forms of restraining orders in addition to the typical domestic violence injunction:
- Injunctions against repeat violence: These are injunctions involving persons who are not involved in a "domestic relationship." The petitioner must plead and prove that he or she has been the victim of two incidents of violence or stalking.
- Injunctions against dating violence: These are injunctions involving individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The person requesting the restraining order must be a victim of dating violence or have a reasonable belief that violence is imminent, however there does not need to be any actual acts of violence before requesting the restraining order.
Clients of the James Turner Law Firm, LLC know that excellence is in the very foundation of the firm. Clients hire our firm for a reason: aggressive and quality representation. We will always protect and pursue our clients’ interests to the extent of what the law allows. We pursue a course of calculated aggression so as not over litigate when the case does not require it. Essentially, it is our job to provide you with the most cost-effective, aggressive representation possible and we strive to do that each and every day.
today to set up an appointment.
Copyright 2015. James Turner Law Firm, LLC. The Milton, Florida, office of the James Turner Law Firm, LLC, serves clients throughout Escambia and Santa Rosa Counties, including Pensacola, Bellview, Gonzalez, Century, Pace, Gulf Breeze, Milton, Cantonment, Molino, Perdido Key, Walnut Hill, Bagdad, Navarre, Fort Walton Beach and Pensacola Beach; counties including Santa Rosa County and Escambia County; as well as Eglin Air Force Base, Whiting Field and NAS Pensacola (Naval Air Station).
Call (850) 983-0725
5208 Elmira Street • Milton, Florida 32570