Florida Domestic Violence Charges
The State Attorney’s Office will not drop a domestic battery charge purely at the victim’s request. Oftentimes, the State Attorney’s Office will pursue a domestic battery case with or without cooperation from the victim in the matter.
At one time, the position of the victim played a major role in whether charges would be filed or possibly dropped. The situation today is much different. Recently, domestic violence came under the intense scrutiny of the Florida legislature. Law enforcement developed new policies, the county system implemented far-reaching changes, and local State Attorneys Offices have taken an active role in fervently enforcing both new and existing laws.
Florida's Stance
Florida takes a Zero Tolerance approach towards Domestic Battery offenses. With society’s changing viewpoint, Florida now has a law requiring a no bond status for anyone arrested and charged with domestic violence. Likewise, a law effective July 1, 2001 automatically renders a second domestic violence offense a felony. Additional legislation was passed in 2007 that if strangulation is alleged a first time domestic battery offense will be charged as a felony. The police will typically make an arrest in every case if any type of battery or assault is apparent, even if there is a lack of injury.
Defining Domestic Violence
Domestic violence is defined under Florida law to include spouses, former spouses, relatives, persons who reside together as if a family, persons who formerly resided together as if a family, or persons who have a child in common.
Florida Statute Sections 741.28(2) and 741.28(3).
Battery is defined as the intentional touching or striking of a person against their will, regardless of injury, Florida Statutes Section 784.03.
Depending upon the facts and circumstances of your case several solutions may be available to you.
Early intervention from an experienced criminal defense attorney by persuading the State Attorney not to formally charge you could be vital. Simply because you have been arrested does not mean that the State has to file a formal charge against you. In spite of the zero tolerance policy adopted by law enforcement, prompt intervention by an attorney experienced with the criminal justice system may convince the State to decline to prosecute you.
Here are some of the factors that may make a difference in your pending domestic violence charge:
If a no contact order has been made in your case, the Hobson Law Firm can go to the county on your behalf and request to have the order modified. If the motion to modify conditions of release is granted, you will be allowed to once again have lawful contact with the alleged victim. Getting the order modified is essential in avoiding a subsequent arrest for violating the no contact provision. It may also be viewed as a first step toward reconciliation between the parties. Learn more about Lifting or Modifying the No Contact Order.
Florida Domestic Violence Diversion Program
The State Attorneys Office operates a domestic violence diversion program. This program is designed for first-time offenders and requires that you complete twenty-six weeks of anger management counseling. For a pre-determined period of time you are required to stay out of trouble and commit no further crimes. Upon satisfactory completion of all the conditions of the program, the domestic violence charge is dismissed by the Judge.
Tampa Criminal Defense Lawyers
The Hobson Law Firm can negotiate with the State and the Judge for a final disposition in your case. This agreed-upon outcome may be structured to not jeopardize employment, extend time to meet county imposed financial obligations and/or avoid formal convictions.
Every domestic violence case is unique, do not rely solely on the advice of family members or friends who watch Law and Order. If you have been charged with one of the above crimes, it’s imperative that you speak to an experienced Florida defense attorney who can walk you through your legal options and defend your rights. Our lawyers offer free initial consultations. Take the time to meet with the Hobson Law Firm to discuss the individual facts and circumstances of your Domestic Violence case. - (727) 230-6930.
At one time, the position of the victim played a major role in whether charges would be filed or possibly dropped. The situation today is much different. Recently, domestic violence came under the intense scrutiny of the Florida legislature. Law enforcement developed new policies, the county system implemented far-reaching changes, and local State Attorneys Offices have taken an active role in fervently enforcing both new and existing laws.
Florida's Stance
Florida takes a Zero Tolerance approach towards Domestic Battery offenses. With society’s changing viewpoint, Florida now has a law requiring a no bond status for anyone arrested and charged with domestic violence. Likewise, a law effective July 1, 2001 automatically renders a second domestic violence offense a felony. Additional legislation was passed in 2007 that if strangulation is alleged a first time domestic battery offense will be charged as a felony. The police will typically make an arrest in every case if any type of battery or assault is apparent, even if there is a lack of injury.
Defining Domestic Violence
Domestic violence is defined under Florida law to include spouses, former spouses, relatives, persons who reside together as if a family, persons who formerly resided together as if a family, or persons who have a child in common.
Florida Statute Sections 741.28(2) and 741.28(3).
Battery is defined as the intentional touching or striking of a person against their will, regardless of injury, Florida Statutes Section 784.03.
Depending upon the facts and circumstances of your case several solutions may be available to you.
Early intervention from an experienced criminal defense attorney by persuading the State Attorney not to formally charge you could be vital. Simply because you have been arrested does not mean that the State has to file a formal charge against you. In spite of the zero tolerance policy adopted by law enforcement, prompt intervention by an attorney experienced with the criminal justice system may convince the State to decline to prosecute you.
Here are some of the factors that may make a difference in your pending domestic violence charge:
- Lack of injury or the minor nature of the injuries involved.
- Whether medical attention was required or sought by the victim.
- Prior criminal history and nature of the past offenses.
- The role that alcohol may have played in the dispute.
- The feelings of the victim and whether the victim has signed a Request Not to Prosecute. (A St. Petersburg Domestic Battery Attorney in my office can prepare this document and insure that it reaches the case connected Assistant State Attorney.)
- Whether any children were present at the time the incident occurred.
- Who called the police to the scene?
If a no contact order has been made in your case, the Hobson Law Firm can go to the county on your behalf and request to have the order modified. If the motion to modify conditions of release is granted, you will be allowed to once again have lawful contact with the alleged victim. Getting the order modified is essential in avoiding a subsequent arrest for violating the no contact provision. It may also be viewed as a first step toward reconciliation between the parties. Learn more about Lifting or Modifying the No Contact Order.
Florida Domestic Violence Diversion Program
The State Attorneys Office operates a domestic violence diversion program. This program is designed for first-time offenders and requires that you complete twenty-six weeks of anger management counseling. For a pre-determined period of time you are required to stay out of trouble and commit no further crimes. Upon satisfactory completion of all the conditions of the program, the domestic violence charge is dismissed by the Judge.
Tampa Criminal Defense Lawyers
The Hobson Law Firm can negotiate with the State and the Judge for a final disposition in your case. This agreed-upon outcome may be structured to not jeopardize employment, extend time to meet county imposed financial obligations and/or avoid formal convictions.
Every domestic violence case is unique, do not rely solely on the advice of family members or friends who watch Law and Order. If you have been charged with one of the above crimes, it’s imperative that you speak to an experienced Florida defense attorney who can walk you through your legal options and defend your rights. Our lawyers offer free initial consultations. Take the time to meet with the Hobson Law Firm to discuss the individual facts and circumstances of your Domestic Violence case. - (727) 230-6930.