3rd Jul 2015
When most people think of domestic violence, they think of some sort of physical confrontation between husband and wife or romantic partners. While this is true, keep in mind that the definition of “domestic violence” in the State of Florida can be expansive and can pertain to many other relationships and include an array of different violent crimes
Florida Statute §741.28(2), defines “domestic violence” as, any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
So “domestic violence” is a categorization or a variety of crimes.
Pursuant to Florida Statute §741.28(3), “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.”
It is not uncommon for victims to want to drop or not go forward with a domestic violence case however a victim doesn’t necessarily control the prosecution; the decision to go forward sits entirely within the discretion of the prosecution’s office. So, a victim not wanting to go forward is hardly conclusive. Depending on the facts and circumstances of your case and your prior criminal history, the penalties for a “domestic violence” case may include;
– jail or prison time;
– an apprehension in allowing bond;
– stringent probation requirements;
– steep fines;
– a detrimental impact on divorce or child custody cases;
– a detrimental impact on current and future employment prospects and
– prohibition from using, possessing or owning a firearm.
In addition, a sentence may include provisions such as the issuance of a restraining order forbidding contact with the victim, substance abuse evaluation and treatment, psychological evaluation and treatment, and restitution to the victim.
An issue with domestic violence cases is that many times courts and prosecutor treat these allegations as a volatile situation with the potential for additional crimes to develop. The criminal justice system demonstrates extreme caution when addressing these cases.
Since Florida law enforcement takes “domestic violence” charges extremely seriously, it is imperative you retain the services of an experienced and knowledgeable Miami/Fort Lauderdale domestic violence attorney as soon as possible, if you have been charged with any type of “domestic violence” crime. A skilled domestic violence lawyer familiar with the Florida laws on “domestic violence “abuse, such as attorney Scott Saul, will help you avoid a conviction or get the charges reduced or perhaps dismissed altogether.
Domestic violence is a serious crime. As such, you will need a serious lawyer such as Scott Saul to represent you and devise a serious defense strategy. The sooner you hire a domestic violence attorney the better. So don’t delay— contact Scott Saul as soon as you have been charged with a domestic violence crime.