Domestic Violence

Brevard County Domestic Violence Lawyer – Domestic Violence Attorney in Melbourne, FL

If you have been arrested for Domestic Violence or Battery in Melbourne, Florida, or if you have received a Domestic Violence Injunction, your best protection is to retain experienced legal counsel immediately. Emotions can often run high in families and family-like units. It is not uncommon for a heated argument to quickly turn into something more. For many years, domestic violence was minimized and often ignored. However, in recent dyears, the pendulum has swung in the opposite direction and domestic violence awareness is at an all-time high. Florida prosecutors now take an extremely firm stance on all domestic violence-related offenses. Maximum penalties are often enforced for convictions.

Domestic Violence Arrests

Domestic violence laws have been amended and changed over the years to provide for an immediate arrest based on little to no physical evidence. Throughout Florida, and in Brevard County:

A law enforcement officer does not need to have a confession from the accused to make an arrest.
There does not need to be any, independent witnesses that saw the alleged violence for an officer to make an arrest.
There does not need to be any visible marks, bruises, or injuries of any kind on the alleged victim for an officer to make an arrest, nor is medical attention required.
Oftentimes, the accused is arrested solely based on the word of another person.

A Tailored Team Approach for Success

Every domestic violence case is different in that the differing dynamics and family undertones dictate the strategy of the attorneys handling the case. With domestic violence charges, there is No “One Size Fits All” approach. An experienced TEAM of defense attorneys working diligently on your behalf can give you your best chance at a successful case outcome. With well over 50 years of combined experience defending against domestic violence charges in Melbourne, Florida, The Canina Law Firm has defended thousands of Brevard County residents against all types of domestic violence charges and domestic matters, including:

Domestic Violence Battery
Domestic Violence Assault
Domestic Battery by Strangulation
Aggravated Battery Domestic Violence
Aggravated Assault Domestic Violence
Stalking
False Imprisonment
Aggravated Stalking
Aggravated Battery
Domestic Violence Injunctions
No-Contact Orders
Sexual Battery
Kidnapping
Child Abuse
Misdemeanor Domestic Violence
Felony Domestic Violence
Batters Intervention Program
Dating Violence
Interference with a 911 Call

False Accusations of Domestic Violence

False accusations are extremely common in domestic violence cases in Brevard County. There are many reasons that would cause a person to falsely accuse another of domestic violence. Whether made out of anger, revenge, or to gain an advantage in a divorce or custody proceeding, an accusation of domestic violence has both immediate and long-term consequences for the accused, including loss of employment, public shame, reputation, and the inability to return to one’s home or to see one’s children (no contact order).

Domestic Violence Allegations and Investigations

If you or a loved one is the subject of an investigation for domestic violence in Brevard County, you need to be aware of how police investigate these cases in order to protect yourself. If contacted by law enforcement regarding an alleged incident of domestic violence, the immediate assistance of a criminal defense attorney is essential. Two common investigative techniques used by police are the “controlled phone call” and the “non-custodial interview.”

In a “controlled phone call”, the accuser will contact the accused person by phone in an attempt to elicit an apology or a confession from the accused. During the call, the accused is unaware that the entire phone call is being recorded by the police on the other end. Controlled phone calls are exempt from the warrant requirement, and this method of obtaining incriminating information has been upheld by both the Florida and US Supreme Courts as constitutional. If you have been accused of a domestic violence crime, do NOT discuss anything about the incident over the phone, in person, or electronically with anyone before speaking with an experienced Brevard County criminal defense attorney.

In a “non-custodial interview,” the accused will be contacted by phone or visited at their residence by a law enforcement officer. The officer introduces themselves and immediately tells the accused that they are either “ not in any trouble,” “not being arrested,” “not in custody,” and/ or that they are “free to leave.” They then tell the accused that they are simply trying to get “their side of the story,” and “trying to get to the bottom of this.” The officer may insinuate or hint that the matter will be disposed of if the accused person makes a statement or apologizes to the accuser. This lulls the accused person into a false sense of security, which causes them to give an incriminating statement to the officer. By informing the accused that they are not being arrested (and are not “in custody”), the officer does NOT need to read the person their Miranda Warnings before attempting to elicit statements from them. The non-custodial interview has been upheld as a valid method of police investigation by both the Florida and U.S. Supreme Courts..

The attorneys at The Canina Law Firm have represented numerous individuals in Brevard County who have been falsely accused of domestic violence. Our team of attorneys employ a multifaceted and tailored strategy based on the facts of each individual case. If you or a loved one has been falsely accused of domestic violence, Contact The Canina Law Firm today for a FREE Case Evaluation.

Domestic Violence Convictions and Penalties

If convicted of a domestic violence-related offense in Brevard County, Florida, you may face any or all of the following penalties: mandatory jail time, community service, fines, mandatory counseling, mandatory anger management classes, no contact with the victim / spouse or your children, no return to your residence, or loss of the right to own a firearm. In addition, you may be ordered to attend and successfully complete a 26 – week long “Batters Intervention Program”.

“Our Family Defending Yours”

The father-son-and-daughter TEAM of attorneys at The Canina Law Firm will work diligently together with you and yours through this difficult period. With more than 50 years of combined criminal defense experience, there is NOTHING that the prosecution can throw at you that we have not dealt with before. If you have been arrested in Melbourne or in Brevard County for domestic violence, Contact The Canina Law Firm today for a FREE Case Evaluation.

Brevard County Florida Criminal Defense Attorney

The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

Your Defense Starts NOW! CONTACT us today for a FREE Case Evaluation!