Domestic Battery & Related Offenses


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against Domestic Battery and Related Offenses

Domestic Battery arrests or allegations and other related criminal domestic allegations can have life changing effects on anyone.  Just the allegation of domestic battery attaches a stigma that can cause you your job, your friends, and your family.  The stress of defending against domestic related allegations is immense.  Relationships between husbands and wives, boyfriends and girlfriends, and parents and children are complex. It is important to hire a domestic battery criminal defense attorney with experience defending these particular types of cases.  SLG Law has experience defending against domestic battery allegations.  Call our experienced Jacksonville criminal defense attorneys today for a free consultation in-person or over the phone. 

What should I do if I’ve recently been accused or arrested on a domestic battery charge?

Timing is critical for all new arrests and allegations, but particularly in domestic violence cases.  When you are arrested for a domestic battery, the police officer writes a police report.  That officer understands that he or she must establish probable cause for the arrest. That is, the officer must justify the arrest with facts and evidence.  What we see most often is that the officer will put facts in the police report that supports his or her decision to arrest you and will leave out facts that are beneficial to you.  Once you are arrested, the police officer will go file the case with the State Attorney’s Office.  The Assistant State Attorney will then read that police report and develop an opinion on what really happened before hearing your side of the story.  It is critical that you contact a criminal defense attorney who has experience handling domestic battery cases immediately.  That defense attorney can meet with you, contact witnesses, develop evidence and provide that evidence to the prosecutor early on in the process before the prosecutor digs his or her heals in the sand. 

What if the listed victim doesn’t want to prosecute?

You would think that if the listed victim told the police or prosecutors that he or she doesn’t want to prosecute, that would be the end of it.  Unfortunately, this is not the case.  The typical domestic battery case involves a couple who get into an argument and either one of them or a neighbor or witness calls the police.  Often, both parties tell the police that they don’t want to prosecute, but the police often will arrest one of the two.  It is not the listed victim who prosecutes a case, it is the State Attorney’s Office.  They can, and often do, continue to prosecute, even when they have a hostile victim.  The State may have to eventually drop the case if they can’t prove it, but they won’t typically drop the case until you have made the decision to proceed to trial.  Every case is different, so you should make sure that you retain an experienced criminal defense attorney who has experience defending domestic violence cases. 

There is a no contact order in place between myself and my
husband/wife/boyfriend/girlfriend/etc?


When a person is arrested for a domestic violence related offense, the judge will often make it a condition of bond that you have no contact with the listed victim.  This can be extremely burdensome on not only the person accused, but also on the listed victim.  Where a listed victim does not want to prosecute, has no injuries, and depends on the person accused for income, child care, support, and other reasons, a no contact order can become a source of great distress within the family unit.  Your criminal defense attorney may be able to file a motion to remove the no contact order. 

Click on a link below to read more about domestic violence related offenses in the state of Florida. 
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