What is Domestic Violence?
Domestic violence (DV) is a term used to categorize several crimes. Florida Statute 741.28 defines domestic violence as “any assault, battery, sexual assault, or any criminal offense resulting in physical injury or death of one family or household member by another who is or was residing in the same single dwelling unit”.
Family or household member is defined as 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 persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
Since most assault or battery cases arise outside of the presence of a law enforcement officer, they are one of the most seriously abused criminal laws, especially in domestic cases. False allegations of domestic violence in Florida are increasing at alarming rates because couples having problems will often call the police to calm things down or make false allegations to the responding officers.
But once a 911 call is placed reporting a domestic dispute the police must determine if spousal abuse or violence is involved and they must arrest the party they believe to be the aggressor. Once an arrest has been made you are “in the system” and your case will be set for court even if the victim requests the state attorney to drop the charges.
What is the Punishment?
If charged with domestic violence, assault and battery, or spousal abuse in Florida, you could face the following:
• Mandatory jail time
• Mandatory counseling
• Anger management class
• Court costs and fines
• Community service hours
• No return to your residence
• Stay Away Order from the victim/spouse or your children
Should I Represent Myself?
If you have been charged with any domestic violence criminal charge, you need an experienced Criminal Defense Attorney for the following reasons:
• The arrest and prosecution can be used against you in a divorce, family law, or child custody hearing.
• Under Florida law, you are not able to immediately bond out of jail after an arrest for domestic violence because no bond will be set until after you see the judge at first appearance.
• If you do not have an attorney representing you at your first court appearance within 24 hours after your arrest, the court will usually impose a “no contact” provision that will prevent you from returning to your home, seeing you children, or communicating with your spouse even about important financial issues until a motion to modify this condition of your bond is granted after a court hearing.
• The charge itself is considered a “crime of violence” and the mere allegation is extremely serious. Consider the fact that a conviction for any domestic violence offense will cause a lifetime ban of your right to possess a firearm under state and federal law.
• Even if you enter a plea of “no contest” and receive a “withhold of adjudication,” you will never be able to seal your domestic violence record.
• Most importantly, employers may be extremely hesitant to hire or promote anyone who has a domestic violence arrest or conviction on a criminal record.
Domestic Violence Cases are Handled Differently
Many Florida Counties funnel misdemeanor domestic violence cases into a special domestic violence division where prosecutors with the State Attorney’s Office concentrate on nothing but the prosecution of these unique cases.
What if the alleged victim does not want to prosecute?
In many DV cases the alleged victim may change his/her mind and not want to prosecute at some point after the arrest. In fact, it is common for the alleged victim to actively seek to reconcile with the defendant after the arrest, even though the court has imposed a “no contact” provision. Regardless of the alleged victim’s wishes after arrest it is highly unlikey that the state attorney will dismiss the case.
Your attorney can make sure that the judge and the prosecutor are aware of the alleged victim’s wishes. In many of these cases if the person who originally made the complaint no longer considers himself or herself a victim, that can be used to convince the prosecutor to drop the charges. This is especially true if prosecutor can see that you are willing and able to go to trial with a defense attorney that is properly prepared to win the case.
What is the Anger Management Program?
The Anger Management Program is a twenty-six (26) to fifty-two (52) week intensive program that addresses the causes of domestic violence and the ways to prevent it in the future. This program costs you money and as you can see is time intensive.
What is an Injunction for Protection Against DV?
Similar to a criminal stay away order one can petition the court to issue an injunction for protection against domestic violence. The Petitioner must show that he/she has suffered or has reasonable cause to fear imminent domestic violence.
If you have been served with a Petition for Injunction for Protection Against Domestic Violence you should contact us at 305-567-2499 for a free no obligation consultation.
Remember that just because you were arrested does not mean that the case will be successfully prosecuted. These cases often involve “he said, she said” accusations that may not meet the “beyond a reasonable doubt” standard that exists for criminal cases.
If you have been arrested charged with domestic violence in Florida, contact us for a FREE no obligation consultation.
305-567-2499