Developing accurate domestic violence statistics is challenging for the very reason that many domestic violence incidents go unreported. Unfortunately, statisticians are limited to compiling data from reported incidents and projections.
While Orange County, Florida, records a lower rate of domestic violence reports than the rest of the state, violence by an intimate partner is still all too common of an occurrence. The courts in Orange County and other Florida jurisdictions take a grim view of domestic violence. If you’ve been charged with a violent crime by a family member or intimate partner, contact a domestic violence attorney at Parikh Law, P.A.: Criminal Defense Attorney immediately. Even if you believe you were guilty of a crime against an intimate partner, you deserve a solid defense. Call today.
What Makes a Domestic Violence Situation a Crime?
Under Florida state statute 741.28, domestic violence involves a violent crime committed against a family or household member. This means “spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.” With the exception of family or household members, the parties must reside together at the time of the incident.
Types of Domestic Violence
One of the reasons that domestic violence crimes are so prolific is the large number of offenses covered under the statute:
- Domestic Assault – This means the threat of immediate violence against a family member or an intimate partner. Many domestic violence victims report that they experienced psychological aggression of this sort prior to it escalating into more serious attacks.
- Domestic Battery – This is unwanted physical contact from an intimate partner or family member.
- Aggravated Assault – This statute involves the threat of violence with a deadly weapon against family members or intimate partners.
- Aggravated Battery – Aggravated batteries are incidents of severe physical violence that are committed with weapons, cause permanent damage to domestic violence victims, or result in hospital stays.
- Stalking – In domestic situations, stalking is a pattern of behaviors meant to intimidate or harass the victim. It is not a requirement that the stalker was ever an intimate partner in their lifetime or even knew the victim.
- Violation of a Domestic Violence Injunction – The family member or intimate partner violates an existing injunction after being served.
- Sexual Violence – This could be sexual battery or rape, or forced sexual activity. It does not matter if the consensual sexual activity occurred at other times with an intimate partner. Any non-consensual sexual contact could be considered.
- Child Abuse – This is physical or sexual violence against one’s child or the child of an intimate partner who is under 18 years of age.
Who Experiences Domestic Violence?
It’s a failing of society that many still believe domestic violence only involves a male intimate partner attacking their female dating partner or wife. This is simply not the case. According to the National Coalition Against Domestic Violence (NCADV), there were 105,298 domestic violence accounts in Florida in 2019. While many of these were women, a significant number of men have experienced severe physical violence from male, female, and other partners.
Female Victims vs. Male Victims
According to the NCADV, 37.9% of Florida women and 29.3% of Florida men will be victims of domestic violence by family members or a partner in their lifetime. This is slightly different from the national average, which has 41% of women and 26% of men experiencing intimate partner violence. While these statistics show that domestic violence disproportionately affects women, it becomes even more apparent with the crime of stalking. 720,000 Florida women have reported that they’ve experienced stalking by an intimate partner in their lifetime.
Nationally, 1 in 3 women and 1 in 4 men claim to have experienced intimate partner violence in some form in their lifetime, and over 61 million women and 53 million men have reported psychological aggression by intimate partners.
Sexual Coercion and Violence
According to a CDC report entitled National Intimate Partner and Sexual Violence Survey, women are at a much higher risk for sexual abuse and rape. While only 1.4% of men report being raped in their lives, 18.3% of women report being raped or sexually abused.
51.1% of female rape victims report that their rapes were committed by intimate partners and 40.8% were committed by an acquaintance. The actual numbers in both cases are believed to be higher since many victims don’t want to admit they were sexually abused by an intimate partner.
Additionally, 13% of women and 6% of men have experienced sexual coercion during their lifetime.
In addition to the horrors of the initial incident or incidents, sexually abused women often suffer from post-traumatic stress disorder, contract sometimes incurable sexually transmitted diseases, and are often subject to unwanted pregnancies. This is, of course, in addition to any non-sexual physical violence that they sustained.
Orlando Domestic Violence Data (2024)
The 2024 domestic violence statistics for Florida show there was more violence against women compared to men. With 37.9% of women facing domestic violence in Florida, the state ranks 20th in the county. The percentage of men facing domestic violence charges was 29.3%.
Domestic violence is often based on power and control dynamics, so it is not surprising that women who are usually physically weaker and sometimes economically dependent on their husbands or male partners suffer more domestic violence.
The frequency of domestic violence against men and women in Florida matches the national average. However, according to the latest stats available on the Florida Department of Law Enforcement (FDLE) website, Orlando has had a gradual rise in reported domestic violence incidents over the years. The same trend can be seen in the Florida Department of Children and Families statistics.
The FDLE statistics also show that the age group most impacted by domestic violence are individuals aged 18-34, followed by those aged 35-49. Domestic violence incidents are distributed across Orlando. The regions with the highest poverty rates tend to have higher occurrences of such cases.
Orlando areas such as Parramore, Holden Heights, and Washington Shores have some of the highest poverty rates in the city. Along with higher domestic violence cases, these areas also suffer from higher unemployment, which could act as a catalyst for domestic disputes.
According to the Domestic Violence Annual Report by the Florida Department of Children And Families, released in January 2024, the latest statistics show that while overall crimes in Florida decreased by 14.1%, domestic violence has increased by 1.16%. A staggeringly high number of domestic violence cases were reported to law enforcement. The top ten counties include Levy, Dixie, Marion, Taylor, DeSoto, Hardee, Duval, Pasco, Leon, and Holmes counties.
Factors such as economic distress can also play a key role in the frequency and severity of domestic violence cases. Based on the 2024 domestic violence trends in Orlando, the number of reported incidents and arrests has increased over the years and this trend is expected to continue. Sadly, the demographics of victims have also not changed over the years.
The characteristics of the top perpetrators include mental health issues, suicidal ideation, substance abuse, and possession of weapons. For cases that lead to fatalities, almost half (48%) of perpetrators have a history of domestic violence against the deceased. This shows that repeat offenders are at a significantly higher risk of committing domestic violence. Children who witness domestic violence at home are at a higher risk of suffering from depression and anxiety
The statistics also shed light on the impact of the COVID-19 pandemic on domestic violence. There was a significant rise in domestic violence-related fatalities during the COVID-19 pandemic. The stats show that domestic violence cases increased 7.3% during the pandemic.
The isolation caused by the pandemic created stress between couples, and if it was not managed properly, it likely led to domestic violence. The pandemic also caused financial hardship for many and this could have also played a role in the increase in domestic violence
Additional Domestic Violence Statistic
The following national statistics related to domestic abuse and intimate partner violence are from the NCADV:
- Every minute, 20 men and women are physically abused by an intimate partner. That means there are nearly 10 million accounts of domestic or partner violence each year.
- There are 20,000 phone calls placed to domestic violence hotlines nationwide.
- While not all intimate partner violence results in physical injury, 1 in 7 women and 1 in 25 men claim to have sustained some sort of injury as a result of violence by an intimate partner.
- Females between 18 and 24 are the most commonly abused age-gender demographic.
- 15% of all violent crimes are the result of intimate partner violence.
- Domestic violence homicides account for 72% of all murder-suicides.
- 94% of domestic-related murder-suicides are female homicide victims.
- 60.8% of women who were stalked reported stalking by an intimate partner.
- If a gun is present during an act of intimate partner violence, there is a 500% increased risk of homicide.
- About 19% of all domestic physical violence involves a weapon.
- 45.1% of non-Hispanic Black women have reported being victims of domestic violence. Comparatively, 37.3% of Non-Hispanic White women and 34.4% of Hispanic women claim to be victims of domestic violence. Only 18.3% of Asian and Pacific Islander women fall into this category.
- The numbers among men also fall along these racial trends, with 40.1% of non-Hispanic Black men, 30.3% of non-Hispanic White men, 34.4% of Hispanic men, and 18.3% of Asian or Pacific Islander men claiming to have been the victims of some form of domestic violence.
- Incidents of domestic violence are higher among bisexual men and women than among their gay or heterosexual counterparts.
What Do If You Are Charged with Domestic Violence Offenses
As the penalties for domestic violence offenses in Orlando can be extremely severe, you need strong and swift action to protect yourself from the legal consequences. Knowing what strategic steps you need to take can help you make informed decisions on how to protect your rights and avoid mistakes that can undermine your case.
Your first goal should be to try to stay calm as anything you do in panic or anger can weaken your case. You also have the right to remain silent as anything you say to the law enforcement official can be used against you. Domestic violence charges are often complicated, especially if you are accused of multiple offenses such as assault, battery, and harassment. You should take your time to understand the charges against you, including the potential consequences and evidence.
You want to engage a domestic violence attorney as early as possible so they can help you navigate through the complexities of the case and guide you to the best possible legal outcome for the case. If you have been charged with domestic violence you will most likely need to attend an arraignment hearing, where you will enter a plea of not guilty, guilty, or no contest. In some cases, a restraining order may be imposed by the court. A skilled criminal defense attorney can advise you on the best course of action.
In addition, a bail amount and conditions may be set by the court. You must follow all court orders such as conditions of release or restraining orders. Failure to do so can result in penalties and weaken your case.
To build a strong defense against the charges, you need to collect evidence that can support your claim. Any evidence that is relevant, credible, and admissible in court could be useful for your case. This includes photos, videos, surveillance footage, witness statements, medical records, and other documents.
If you’ve been accused of physical or sexual violence against an intimate partner, you need to contact a criminal defense attorney who handles domestic violence cases immediately. Whether you’ve been convicted of a crime involving physical violence or sexual violence, you could face jail or prison, fines, court-mandated courses, and a criminal record that will have a lifelong economic cost. If you’re in the Orlando area, contact domestic violence attorney Rahul Parikh immediately.
Penalties for Domestic Violence Cases in Orlando 2024
The Orlando domestic abuse statistics for domestic violence in 2024 show that women and men are vulnerable to domestic violence in Orlando. Anyone accused of this offense faces serious legal consequences. The severity of the offense is reflected in the penalties for the convicted.
The key factors considered in determining the penalties for domestic violence are the severity of the injuries to the victim, the criminal history of the defendant, and the circumstances that led to the alleged incident.
A misdemeanor domestic violence charge can include jail time of up to one year, fines of up to $1000, and 12-month probation. It can also cause additional penalties such as community service and mandatory participation in intervention programs.
If the domestic violence charge is a felony, then the legal consequences are significantly more severe. The convicted could face up to 15 years in prison, fines up to $10,000, and additional charges if a weapon is used.
Some aggravating factors that can result in additional penalties include committing the offense in the presence of a child, repeat offences, and the severity of the injuries. If the domestic violence incident leads to a fatality, then charges of voluntary manslaughter. involuntary manslaughter or murder could also be leveled against the defendant.
Along with the prison time and fines, a domestic violence felon could face long-term restraining orders against the victim, loss of child custody, loss of firearm rights, employment and housing issues, and a permanent criminal record that could disrupt aspects of their life.
While the penalties for domestic violence cases are severe, you are not convicted until proven guilty. If you face charges, it is best to seek legal counsel from a skilled personal injury lawyer as soon as possible. You don’t want to waste any time building your defense against the charges.
Defense Strategies for Domestic Violence Charges
We have already established that the consequences of a domestic violence conviction can be severe. Not only can the conviction result in imprisonment, and hefty fines, but they can also have a long-lasting impact on your professional and personal life. You have the right to defend against those charges. Keep in mind that the burden of proof rests on the prosecution to prove guilt beyond a reasonable doubt. A skilled criminal defense attorney can help you understand your rights and explore different legal strategies to navigate the charges successfully.
Challenging Evidence
One of the most effective and commonly used strategies to defend against the charges is challenging the evidence. Your attorney can identify the evidence they want to challenge. In some cases, the attorney may challenge all the evidence presented against you. This may include challenging the credibility of the witnesses. If there is no corroborating evidence or if there are inconsistencies, the credibility and impact of the witness testimony may be diminished. Your attorney can also use their skills during cross-examination or present expert testimony to challenge the evidence against you.
False Accusations
In the US, more than 10 million adults experience domestic violence annually. Unfortunately, some of these cases are a result of false accusations.
The motive of false accusations can be anything from revenge, financial gain, or custody disputes. In such cases, your defense will be to prove that the accuser is not being truthful about the alleged incident and that the allegations are fueled by other motives. You would have a strong defense if the plaintiff has a history of dishonesty or false accusations.
Self Defense
Another common defense to domestic violence charges is self-defense. If your actions in the alleged incident were a result of self-defense, then your attorney can argue that it was necessary for you to protect yourself from imminent harm. However, in this defense you have to prove that your actions were in proportion to the threat For example, if someone is threatening you with a punch, you don’t have the right to use deadly force against them.
Lack of Intent
The alleged incident might not be considered an act of domestic violence if you can prove that it was an accident and you did not intend to cause harm to the plaintiff. For example, if you were doing repairs at your home, and you accidentally injured your spouse, then that would not be considered domestic violence. An investigation may be carried out to determine the intent.
Alibi Defense
One of the strongest defenses to domestic violence charges is the alibi defense. In this strategy, you present evidence that proves that you were somewhere else at the time of the alleged incident. In this defense, your first goal would be to establish your presence elsewhere by providing evidence such as surveillance footage or witness testimony. The evidence you present must verify your location so ideally you want it to be corroborated by multiple sources.
Once you have established your presence elsewhere, you need to prove the timeline matches your claim. This means that you need to provide details about what you were doing at the specific time of the alleged offense. The prosecutor may try to challenge this defense by providing an alternate timeline where they agree that you were present at the other location but disagree with the timeline.
Procedural Errors by Law Enforcement
An effective strategy to defend against domestic violence charges is to highlight procedural errors made by law enforcement officials. For example, if the evidence used in the case was not handled as per the law, then the evidence could get dismissed in court. Another common procedural error is if the arrest was made without probable cause. Similarly, if the arrested individuals did not read the Miranda rights, then the arrest could be deemed illegal.
Errors made in the collection or preservation of evidence can also be used as a defense against the charges. The prosecutor can be asked to prove that the chain of custody was followed to preserve physical evidence; if they fail to do so, then that would cast doubt on the integrity of the evidence.
The defense strategy for domestic violence charges depends on several factors, so your attorney will have to analyze your case in depth to identify the best course of action. Once you decide on a legal strategy, you are not able to change it, so this is a critical step in the process and can have a major impact on the outcome of your case.
Negotiating a Plea Agreement
Domestic violence cases can be complex and may require a lengthy court battle to resolve. For cases where you are not certain of the outcome, one possible solution is to enter into a plea agreement, also referred to as a plea bargain. In this arrangement, you agree to plead guilty in exchange for a lesser charge or reduced sentence. In some cases, you might even be able to get the other charges dismissed in a plea bargain.
According to a Pew Research Center study that analyzed 80,000 defendants in the federal system, only 2% percent of the cases went to trial. The rest of the cases were resolved through negotiations, like a plea agreement.
While some defendants are reluctant to take any legal course of action that involves pleading guilty, it may be the best legal outcome in some cases. You discuss the strengths and weaknesses of your case with your attorney and get guidance on whether you should enter a plea bargain. The plea bargain process can also be initiated by the opposing party, in which case it will be up to you to engage in negotiations or reject the offer and take the case to trial.
The key advantages of a plea agreement include the potential for a reduced sentence and more control over the outcome of the case. Rather than relying on a judge or jury to render a verdict, you get to decide your fate.
Another benefit is that you get to reduce public exposure. Domestic violence cases can often tarnish the reputation of the accused, especially when the case goes to trial. However, you can avoid this by entering into a plea agreement.
While there are advantages to plea agreements, each case is unique. At Parikh Law, P.A.: Criminal Defense Attorney, our goal is to advise our clients on the best legal course of action based on the facts of their cases. Unlike other criminal defense attorneys looking for a quick resolution to the case, we are ready to take the case to trial if that is the most suitable legal option for the case. We also prioritize our clients’ autonomy and keep them fully informed about the legal processes. While we are legal experts, we never pressure our clients to take any particular legal route.
How Parikh Law, P.A.: Criminal Defense Attorney Can Help
If you have been accused of domestic violence charges, then we can help you defend against them. Our team is committed to providing top-tier legal defense services. With our experience and legal expertise, we can handle a variety of criminal defense cases with proficiency and dedication. This includes domestic violence cases.
Legal Advice and Representation
Those accused of domestic violence turn to us for expert legal guidance and representation, and we make sure we don’t let them down. Our approach to each case is to thoroughly evaluate the case to ensure we have a complete understanding of the circumstances that led to the accusation.
We tailor our defense strategy according to the merits of the case. It is also our goal to keep our clients informed about the process. Some of the legal processes can get complex but our team at Parikh Law, P.A.: Criminal Defense Attorney ensures our clients have the legal guidance to make informed decisions and actively participate in their defense.
Court Proceedings
The court proceedings for domestic violence cases can be lengthy and exhausting. However, with our unwavering commitment to protecting the rights of our clients and ensuring they get justice, our team won’t rest until they get the best possible outcome for our clients.
Our priority is to get the best possible legal outcome for our clients. This may include engaging in negotiations with the opposing party. Depending on the circumstances of the case, negotiations can be a great tool to reduce the charges and get a faster resolution to the dispute.
If the case goes to trial, you can have the peace of mind that our team will be ready to represent you in court. Our domestic violence lawyer has extensive experience representing clients in court. They are skilled at presenting defense arguments and building a complete defense against the charges. Even after the trial is over, we continue to support our clients. In cases where we believe the court decision was not fair, we can appeal against the verdict.
Support During the Legal Process
As the leading criminal defense law firm, we understand the importance of providing support to our clients during the legal process. Not only do we offer legal support through the process, from the initial consultation to the final hearing, we also offer emotional support through reassurance and empathy to help our clients get through these difficult times.
At Parikh Law, we believe in being transparent about our processes with our clients and encourage open communication each step of the way. If our clients have any questions about the case or need clarification, we are readily available to guide them.
Additional Services by Parikh Law, PA.
At Parish Law, P.A., we offer a wide range of criminal defense services. Along with domestic violence cases, we also take cases that involve other offenses including drug crimes, DUI, child abuse, and more.
It is common for domestic violence charges to be accompanied by other charges, such as aggravated assault and battery, sex crimes, and child abuse. Each type of case has its own unique requirements for the defense strategy. Fortunately, at Parikh Law, we have experience defending against all types of charges.
Assault charges can vary from minor altercations to severe physical trauma that leads to serious injuries. We know how to identify weaknesses in the prosecutors’ case and highlight those weaknesses in court in front of the judge and jury.
Another common allegation in domestic violence cases is a violation of protective orders, such as a restraining order. Depending on the circumstances, we use different strategies to defend against such charges. For example, we can argue that the violation was unavoidable or unintentional. In some cases, we can challenge the validity of the order or show that the communication or interaction was initiated by the protected party.
Our law firm is led by Rahul Parikh, well known for his diligence and pragmatic approach to criminal defense cases. Mr Parikh has a background in business and contracts and has gained his trial skills from working at the prosecutor’s office.
If you want to schedule a consultation with Mr. Parikh, please call us. We will schedule an initial consultation where you can discuss your case with Mr. Parikh, and determine the best legal course of action regarding your situation.