As a family argument turns into a domestic violence charge, the results can be life-changing. As emotions fly, authorities arrive, and you’ve been taken away from your home in the back of a police car, you realize that your life’s path could be headed in a completely different direction.
With domestic violence being one of Florida’s most commonly committed crimes, the state, and its lawmakers don’t take these types of cases lightly. The first thing you’ll notice is that anytime the police are summoned for a domestic violence arrest, someone is going to jail. Additionally, Florida domestic violence cases must be treated as a criminal act instead of a private matter, like other crimes. Meaning that if you’ve been arrested on domestic violence charges, the odds are not in your favor; even if the alleged victim wants no charges pressed.
The Victim Cannot NOT Press Charges
When talking about typical Florida criminal cases, the victim is the one who determines whether or not charges should be pressed. This isn’t the case when talking about domestic violence cases. In Florida domestic violence cases, the prosecutor is the one who makes the decision. They will examine whether or not there is enough evidence for a successful conviction and will then base their decision on that.
Additional Statutory Requirements
In Florida, an individual isn’t actually charged with “domestic violence.” Instead, “domestic violence” is used to add on to existing criminal charges such as assault or battery as a way to trigger additional requirements.
Following a domestic violence arrest, your case will be labeled as “no bond” until you make a court appearance. It often takes up to 72 hours after your arrest to secure a court date. After your appearance, you can be released on bond.
After being released on bond, the prosecutor will almost always issue you a no-contact order. Meaning that you are barred from coming into contact with the alleged victim, wherever they are.
Protect Your Future
If you’ve been charged with domestic violence, it’s crucial for your future to speak with an experienced Florida domestic violence defense attorney as soon as possible. Working with a trusted team, like our team here at Hager & Schwartz, will help ensure that you have the best chances of fighting your charges.
Call us today (954) 840-8713 to learn more about how we can help over the phone.