Under Florida law, a person who is arrested for domestic violence (DV) can be charged with battery, assault, kidnapping, false imprisonment, or certain kinds of sexual abuse. The accused must also be held in jail without bond until he or she speaks with a judge.
An act of domestic violence is defined as any action or threat directed at a spouse, relationship partner, live-in companion, or other family member that causes the victim to fear for his or her safety.
If law enforcement officers and EMT (Emergency Medical Technicians) respond to a domestic violence call and it appears that one person may have been injured by the other person, officials are required to make an arrest. This often means that the person who has any injury on their body is labeled the victim and the other person is arrested for domestic violence.
If you are charged with domestic violence in the state of Florida, you could be charged with a misdemeanor or a felony—depending on the severity of the domestic violence offense. You could also face:
- Time in jail.
- Community service.
- Payment of fines and court costs.
- Anger management training.
- A "No contact" condition that prohibits you from seeing the alleged victim.
- A "No return" condition that prohibits you from being able to enter your home.
Unless you are acquitted at trial or the charges are dismissed against you, a domestic violence charge cannot be "expunged" from your arrest record. A misdemeanor conviction can include one year supervised probation, a $1000 maximum fine, up to one year in jail, limited visitation rights to see the victim, and at least 6 months participation in a batterers' intervention program.
You need to hire an experienced criminal defense attorney who knows how the system works and can protect your legal rights.
An experienced criminal defense attorney can:
- File a bond for your release.
- Interview the alleged victim and any other witnesses to see if there are any statements that they can use for your defense.
- See whether the alleged victim has changed their mind regarding the incident and would now like to drop the charges.
- Get you back into your home if you have been prohibited from returning there.
- File a "Declination of Prosecution" to get the prosecution to drop the charges against you.
Even if the victim drops their domestic violence claim against you, it is up to the State Attorney's office to decide whether to file criminal charges. A good criminal defense attorney can contact the State Attorney and make a claim to drop the charges on your behalf. If you have been arrested for domestic violence (DV) in Fort Lauderdale, West Palm Beach, Miami Dade County, Palm Beach, Broward County, Vero Beach, Tampa, St. Petersburg, Orlando, Jacksonville, or Fort Meyers, Florida, Attorney Ralph Behr can represent you. He has spent over 30 years successfully defending thousands of people in all areas of criminal law, and he will personally handle all aspects of your domestic violence case.
Call 1-800-761-3446 to speak with Ralph directly. Your freedom and your liberty his main concerns. Call Now!