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Domestic Battery Attorney in Tavares, FL

Adams & Luka

Domestic battery, also referred to as domestic violence, is a charge that can be difficult to overcome. Defined as intentionally touching of another individual or striking a person without his/her consent, or inflicting bodily harm intentionally to someone who is a household or family member, Florida vigorously prosecutes those accused of domestic battery. A conviction will result in harsh criminal penalties and other consequences that can affect your life over the long-term. If you have been accused of domestic violence in Tavares, it is urgent that you consult with a skilled criminal defense attorney at Adams & Luka now.

Who is Considered a 'Family or Household Member' in Domestic Battery Cases in Tavares?

Florida Statute Section 741.28 holds that a family or household member may include:

  • Individuals living in the same household as a family
  • Husbands and wives
  • Ex-spouses
  • Individuals who are related either by marriage or blood
  • Parents who share a child, regardless of whether they have married
  • Individuals who have lived together as a family in the past

Household or family members must be living in the same dwelling unit (single home) or have lived in the same single family home in the past, other than in the case of parents of a child or children who do not reside together.

Domestic battery may also involve other criminal charges depending on the circumstances, including sexual assault, stalking, spousal rape, harassment, or injunction order violations among others.

Domestic Battery Penalties in Florida

Classified as a first-degree misdemeanor, those convicted of domestic battery or violence will face penalties that include up to 12 months probation or one year in jail, a $1,000 fine, and other penalties outlined under Florida Statutes Chapter 741 due to the domestic nature of the offense. These mandatory penalties include:

  • 12 months probation
  • Successful completion of a Batterer's Intervention Program, typically lasting 26 weeks
  • Community service hours
  • If bodily injury occurs and the defendant is found guilty, he/she will be required to spend five days in jail
  • Enforcement of a 'no contact' order or injunction

In 2015, there were 1,560 reports of domestic violence incidents in Lake County. The Tavares Police Department reported 13 incidents, 8 of those being aggravated assault and 5 simple assault.

Contact Adams & Luka Now

As experienced Tavares domestic battery lawyers, we know the importance of being proactive in your own defense when accused of any crime. We will review your case and thoroughly investigate the evidence, educate you regarding legal options and your rights, recommend the defense strategy we believe would be most effective in your case, and fight aggressively in court should your case go to trial. Take action immediately; contact our firm for a free consultation at 352-787-2101.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink