Clearwater Domestic Violence Attorney Files Restraining Orders to Protect You
Florida lawyer takes your safety seriously and treats each case with discretion and compassion
Harassment, stalking, trespassing and rape are all forms of domestic violence that affect Florida families. At the Clearwater law firm of Joseph Montrone, Jr., P.A., I protect clients from abusive spouses and family members by using every tool available under Florida law. I also represent those who have been falsely accused or charged with domestic violence crimes.
Understanding domestic abuse crimes under Florida law
I represent Clearwater clients who have suffered from or have been accused of any of the following crimes:
- Sexual assault and battery. In Florida, rape and other sexual offenses are classified as sexual battery. Sexual battery is a felony, and punishment can include a prison sentence up to 40 years depending on the circumstances of your case.
- Harassment and stalking. Harassment is conduct directed at a specific person that causes that person to experience substantial emotional distress. This behavior can include online actions (cyberstalking), threatening, physical following and other acts. Repeatedly engaging in these acts is considered stalking under Florida law. Depending on the level of threat involved, penalties may range from small fines and possible jail time to a $10,000 fine and a 15-year prison sentence.
- False imprisonment and kidnapping. False imprisonment charges stem from confining, abducting or restraining someone through force or threat. This crime is a third-degree felony. When the victim is under the age of 13 and the crime is paired with other acts such as sexual battery or aggravated child abuse, the crime becomes a felony in the first degree with a prison sentence up to 40 years. Additional crimes may also carry their own sentences. If factors such as a ransom demand are present, the accused may also be charged with kidnapping, which carries similar penalties.
- Trespassing. Anyone who enters a property without permission or stays after being asked to leave is considered to be trespassing. This crime is usually a misdemeanor but becomes a felony if the offender is armed with a dangerous weapon or is violating a protection order.
- Spousal rape. Marital rape is a problem often overlooked by society, but not by Florida law. Any sexual act performed without consent is sexual battery or rape and considered a felony. In many cases, it is harder for a spouse to prove that there was no consent. Evidence of fighting or separation can help establish that consent was not granted.
Whether you are the victim of one of these crimes seeking protection or someone who is facing domestic violence charges and needs an experienced criminal defense attorney, I can help.
Clearwater restraining order violations
Florida allows victims of stalking or harassment to get an injunction against the accused person. An ex parte temporary injunction lasts for up to 15 days and can be issued when there is an immediate danger. A final injunction can last forever. Violating a protection order is a first-degree misdemeanor and carries a penalty of up to one year in jail. Certain forms of contact or harassment may also be considered aggravated stalking and could carry a sentence of 20 years in prison. I help those in danger seek injunctions and restraining orders. I also assist the falsely accused by fighting to have these burdensome restrictions rescinded.
Call an experienced Clearwater attorney for help with your domestic violence situation or case
At the Florida law office of Joseph Montrone, Jr., P.A., I work with clients seeking protective orders to prevent dangerous situations such as domestic violence. I also represent the accused to fight false accusations of domestic violence. For a free initial consultation, contact me online or call my St. Petersburg office at 727-888-0102.