Domestic Battery is defined in Florida Statutes 741.28 and 784.03. Domestic Battery cases are treated with more caution by the State and often times there are special prosecutor assigned with handling Domestic Violence cases. In Volusia County specifically, Domestic Violence cases are handled on a specific court date so that the victim’s advocates can be present in court and help the prosecutor. There is a common misnomer that the victim in a domestic violence charge can “drop charges.” This is not true. Only the State can dismiss charges against you and in some instances, the State can proceed against a Defendant even if the victim does not want to see the Defendant prosecuted.
If you are arrested for domestic violence, you are likely going to be released to the supervision of pretrial services. While on pretrial services, you will be required to check in with a pretrial services officer on a weekly basis, the Court will required you to forfeit any firearms, ammunition, and deadly weapons you may have access to, and the Court will restrict you from having any contact with the alleged victim. Any violation of the terms of pretrial services may result in a warrant being issued and the court holding you in custody throughout the remainder of your case.
Domestic Violence is defined as:
- The Defendant intentionally touched or struck the alleged victim against the victim’s will
- The Defendant caused bodily harm to the victim
- The Defendant and the victim is a family or household member
A “family or household member” 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 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.
One of the biggest issues Thompson Law faces when handling domestic violence cases is dealing with the effects the arrest has on the family as a whole. Regardless of the circumstances behind the arrest, one individual is usually temporarily left without a home, or does not have the ability to speak to their spouse, and in turn, may not be able to speak to their minor children.
A charge of Domestic Violence also carries with it numerous other risk factors. People convicted of Domestic Violence may not legally possess a firearm and may face jail time. If you are facing a charge of domestic violence, the State is likely going to seek that you enter into a costly and intensive treatment class called the Domestic Violence Intervention program, or another similar program if the County you are being prosecuted in does not offer that class. This class can be up to twenty-six (26) weeks long and require lengthy homework assignments.
In addition, most Domestic Violence arrests are a result from alcohol or drug abuse, or at least they often times play a factor. If that is the case, the court can restrict you from consuming any alcohol, and will require that pretrial services test you for the consumption of any drugs or illegal narcotics.
Hiring an experienced attorney is a good choice in this situation. Being arrested for Domestic Violence can have detrimental effects on your career, your ability to be involved in your community, and your rights. As a former prosecutor, Matt Thompson has dealt with hundreds of domestic violence cases. He brings his knowledge and trial experience as a State Attorney to your defense. Attorney Matt Thompson proactively defends these cases, works hard to make sure your rights are protected, and will take the measures necessary to amend the conditions imposed on you for pretrial services in order to help you put your life back together. Call today (877) 934-4LAW (4529) to discuss your case and to set a free consultation for your case.