Domestic violence charges should never be taken lightly. In Florida, those convicted of domestic violence are subject to mandatory minimum sentencing guidelines. If you’re found guilty of abusing or harming someone in your household, the court will not take it kindly—and few people recover their reputations after being labeled an abuser.
Domestic violence may include:
- Assault
- Stalking
- Physical harm
- Threats
- Breaching a restraining order
- Any harmful attempt to control or manipulate a domestic relationship
Domestic violence charges can be brought by a spouse, girlfriend, boyfriend, parent, child, or any individual who lives with you (including roommates and housemates). Former spouses or significant others may also accuse you of domestic violence.
If you’ve been charged with domestic violence, you’re facing penalties that could affect your ability to get a job, apply for housing, have custody over your kids, and other consequences. Understanding what happens when you get a domestic violence charge can help you take the right steps - and avoid some of these serious consequences in the first place.
Navigate important domestic violence topics below:
- Punishments for a Domestic Violence Conviction
- Will I Lose My Job for Domestic Violence?
- Will Domestic Violence Show on a Background Check?
- Other Areas of Life a Domestic Violence Conviction can Affect
- What Do I Do Now?
Below, our Fort Lauderdale domestic violence attorneys at Rudenberg and Glasser, P.C. discuss how a conviction would change your entire life. Read on to understand what might happen, what you can do, and how we can help.
Punishments for a Domestic Violence Conviction
In Florida, domestic violence charges include criminal penalties, civil penalties, and social consequences. The legal penalties for a misdemeanor conviction (i.e. the minimum punishment) are listed below.
If convicted, you could experience the following penalties:
- 5 days minimum of jail time
- 26-week mandatory group counseling
- 12 months of probation
- Community service hours
- Inability to own a gun
- Time in county jail or prison
- Permanent criminal record (yours cannot be sealed or expunged)
How long you go to jail for domestic violence will depend on whether this is your first offense, the severity of the act itself, and other factors. The maximum jail sentence for a first, misdemeanor domestic violence offense in Florida is one year. As mentioned above, a five-day minimum may apply, meaning you'd have to serve some time behind bars if you're convicted.
The following minimum jail times apply for domestic violence causing bodily harm to another, according to Florida Statutes § 741.283:
- 10 days in county jail for a first offense
- 15 days in county jail for a second offense
- 20 days in county jail for a third or subsequent offense
If the act was committed against a child under the age of 16, higher minimums apply. For a third or subsequent domestic violence offense, you may face time in state prison instead. This will be determined by the court.
Are You Facing Additional Charges?
Keep in mind—domestic violence is a category of charges. It includes assault, battery, sexual assault, and aggravated charges. If the prosecution can prove that you were armed or threatening the life of the alleged victim, then you’re potentially facing a third-degree felony conviction.
A conviction for aggravated domestic violence may include:
- Imprisonment between 2 and 10 years
- Fine of up to $10,000
These penalties are harsh—and you have one chance to shake off these charges. When combined with the lifelong social consequences of a conviction, they are almost unbearably difficult to deal with. Any time spent in jail can be disastrous for your career and your personal relationships, and it can have a serious impact on you from a psychological standpoint. You need to do everything you can to assert your rights and fight your domestic violence charges.
Will I Lose My Job for Domestic Violence Charges or a Conviction?
Perhaps one of the most frustrating realizations for those who have been convicted of domestic violence is that the punishment does not end when they have served their time or completed their probation. This conviction will follow you wherever you go—which is why our domestic violence attorneys fight so hard to get charges dismissed or clients acquitted.
Can you get a job with a domestic violence charge? This is a question that many of our clients ask. After all, you need to provide for yourself and your family in some way, but trying to get a job with a domestic violence arrest, charge, or conviction on your record can make things extremely difficult.
In regard to getting or keeping a job, a domestic violence conviction can affect any or all of the following:
- Public Employment: Most likely, someone convicted will have a difficult, if not impossible, time trying to obtain or hold any public service job such as teaching, nursing, public office, police work, etc.
- General Employment: If convicted of domestic violence, you will lose your job—especially if your job requires child care, weapon handling, or transportation of dangerous materials.
- Professional Licensing: You may lose current professional licensing (teaching, legal licensing, medical licensing, etc.) and have a difficult time obtaining future licenses.
With many of these consequences, finances become a burden and lead to even more problems. Financial hardship can even begin prior to trial—restraining orders (common to these charges) require you to move out of your home and cease all contact with the alleged victim, even without proof.
If you have concerns about your current job or getting a job with a domestic violence charge or conviction hanging over your head, our attorneys are here to help. Challenging your charges is one thing, and helping you avoid the collateral consequences of a charge or allegations alone is another. We're adept at helping our clients manage the many complex issues they'll face if accused of domestic violence, and we'll fight to ensure the full protection of their constitutional rights.
Will Domestic Violence Show on a Background Check?
Your misdemeanor or felony conviction will be seen on background checks for the rest of your life. It will be difficult to find employment, especially high-level employment. When you consider how easy it is for potential employers and other people in your personal and professional life to check your background, keeping a conviction from your record should be the first priority.
Other Areas of Life a Domestic Violence Conviction can Affect
Not only will a domestic violence charge affect your job, but it can affect other areas of your life as well. This includes:
- Child Custody: Primary child custody cannot be given to a convicted domestic violence offender. This conviction will greatly affect family relationships and rights.
- Renting & Leasing: Most landlords will flat out refuse to rent rooms, apartments, or homes to domestic violence offenders. The alleged victim will be free to end the rental agreement, and you’ll be required to move out (even if you’re been accused but not convicted).
- Loans: Obtaining a loan may also be incredibly difficult with a conviction of domestic violence and can put you in a strained financial situation. Many convicted felons go bankrupt.
What Do I Do Now? Protect Your Future with Rudenberg and Glasser, P.A.
The consequences of a domestic violence conviction are serious. Protect yourself before your whole life is impacted! At Rudenberg and Glasser, P.A., our skilled Fort Lauderdale domestic violence attorneys can protect your rights and your livelihood.
Take a look at the benefits of working with our firm:
- We are backed by more than 25 years of experience.
- We have handled thousands of cases.
- We are available 24/7.
- We provide one-on-one counsel & legal guidance.
- We offer free case evaluations.
We have helped countless clients facing serious penalties get their case acquitted, dismissed, or reduced. We work around the clock to help clients secure their futures. With thousands of cases handled, you can trust we have the experience to vigorously defend your rights, so you can avoid the repercussions of a domestic violence charge or conviction.
Contact us today for a completely free consultation. We are available 24/7—don’t hesitate to call to learn your options and begin developing your defense.
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