Domestic Violence Charges in Florida
Florida does not tolerate acts of domestic violence. If someone calls the police about a domestic disturbance or files a complaint involving family violence, law enforcement will likely arrest the suspect. When charging someone with a crime involving domestic or family violence the law does not distinguish between married spouses, brothers, sisters, other family members, or even unmarried persons in a dating relationship.
A domestic violence charge can be one of the most difficult to defend because it is typically based on the alleged victim's word alone. That's why it is critical to involve the Robert S. Franklin early in the investigation so he can help collect evidence that may prove the victim is lying or exaggerating.
In many instances of domestic violence, emotions get carried away or someone makes an accusation out of impulse, not fully realizing the implications of their actions. Sometimes angry, bitter, or upset family members, including boyfriends and girlfriends, deliberately make up accusations knowing full well that they are not true, thinking they can just drop the charges after you have spent some time in jail and things have calmed down. However, even if the alleged victim contacts the State Attorney's Office and demands that the case be dropped, the prosecution may continue. The prosecutor has the discretion to press forward even when the alleged victim wants the case to end.
Individuals arrested for domestic violence charges are not allowed "station house bail". They are routinely held in jail overnight and bail and other release conditions are determined by a Judge. Alleged victims of domestic violence typically are granted restraining orders against the defendant. If a restraining order, or "no contact" order is placed against you the restrictions may prevent you from returning to your home, visiting your children, or even going to certain establishments when the alleged victim is present.
A conviction for domestic violence may result in imprisonment, heavy fines, mandatory counseling and probation. The restraining order or "no contact" order originally granted at the first court appearance may be extended for lengthy periods of time.
By contacting the Law Offices of Robert S. Franklin, P.A. today, you can be assured your rights are protected and you will have an excellent chance of overcoming yor charges and moving on with your life.