|
We understand and our extensive experience has confirmed that the domestic violence laws in the State of Florida are rather one sided against the accused. Florida law allows a police officer to make an arrest for domestic violence if there are visible signs of abuse that can be substantiated by other evidence. The reality is that police officers often times will make an arrest solely upon statement(s) made by an alleged victim or witness without there being any actual physical evidence of domestic abuse. They do so because public policy demands that law enforcement take any and all action to prevent even the possibility of future violence, regardless of whether the accused is completely innocent. In addition, the Florida Law allows the State Attorney's Office to prosecute a domestic violence case even if the victim declines to cooperate.
Our office is experienced in analyzing these cases and aggressively defending you. We will take as much time as necessary to understand your side of the case and present options to you, some of which would ultimately result in the dismissal of the charges. In many cases, we may even be able to get your case dismissed without you ever having to appear in court.
WHAT IS DOMESTIC VIOLENCE? Domestic Violence is physical violence, threatened violence, and abuse which occurs in the following relationships:
- Married Couples (also known as Spousal Abuse)
- Cohabiting Couples
- Persons who have a child or children in common
- Persons in a dating relationship or who were in a former dating relationship
- Persons who were formerly married to each other
DOMESTIC VIOLENCE covers a wide range of abuse. Any threatening or violent act, regardless of intent or lack thereof to harm another, could be grounds for prosecution under the Florida Domestic Violence laws.
DOMESTIC VIOLENCE cases are treated differently than other criminal cases. There are designated Prosecutors and special Domestic Violence Units (DV Units) within the Prosecutor's office that stand ready to aggressively prosecute anyone charged with Domestic Violence.
DOMESTIC VIOLENCE ABUSE
EXAMPLES
- Threats of Imminent Bodily Harm
- Intimidation
- Stalking (such as following the victim to and from work, and threatening the victim or constant harrassment)
- Physical Assault or Abuse
- Hitting
- Slapping
- Pushing
- Shoving
- Kicking
- Biting
- Pinching
- Punching
- Hair Pulling
- Beating
- Sexual Abuse
- Unwanted sexual touching
- Forced sexual acts
DOMESTIC VIOLENCE charges may be filed as a misdemeanor or a felony. The filing decision is made exclusively by the prosecutor and is based on the facts of the case, victim and witness credibility and severity of injuries. Severe injuries (including multiple bruises and broken bones) will almost always be charged as a felony. No injury or slight injury cases will generally be filed as a misdemeanor. Both prior acts of reported domestic violence and the criminal history of the accused may also influence how the case is filed.
DOMESTIC VIOLENCE
PUNISHMENT · CONSEQUENCES
Potential Punishments
Misdemeanors:
- Brief jail sentence (0 to 1 year in County jail)
- Counseling (anger management and/or domestic intervention program)
- Community service hours
- Various fines and/or Charitable Donations
- Stay-Away Order from the victim
Felonies:
- Jail time (time can range from 1 day in the County Jail to multiple years in Florida State Prison)
- Counseling (anger management and/or domestic intervention program)
- Community Service Hours
- Various fines and/or Charitable Donations
- Stay-Away Order from the victim
WHAT IF THE VICTIM WANTS TO DROP CHARGES?
In Florida, you can be arrested and prosecuted for Domestic Violence even if the victim does not want you arrested.
In some cases, especially with Spousal Abuse, it can be very difficult for the victim to drop charges against the abuser. In some cases, the Prosecutor can proceed with the criminal case even if the alleged victim decides not to cooperate or go to court. The Prosecutor is the only one who has the authority to drop criminal charges because the victim is merely a witness in a government prosecution.
THE LAW REGARDING DOMESTIC VIOLENCE is complex and highly specialized. This is why it is important to secure an attorney who is qualified, skilled, and knowledgeable in defending Domestic Violence cases.
An experienced attorney in these types of cases can successfully defend those who are accused of Domestic Violence and take advantages of jail alternatives such as counseling and probation. Sometimes, we even be able to get your case dismissed without you ever having to appear in court. Do not rely on the advice of friends or family members. Speak with an experienced attorney. Call Hager & Schwartz, P.A., to discuss the specific facts of your case.
|