Battery, Assault, Aggravated Battery, Aggravated Assault, Stalking, Aggravated Stalking, Kidnapping, False Imprisonment, Injunctions/Restraining Orders, etc.
Florida law requires that any person arrested on a charge of domestic violence will be held in jail on “no bond” until he or she is seen and addressed by a judge. The “no bond” status presumably allows sufficient time for the alleged victim to be contacted and make alternative living arrangements if necessary.
N. Fleetwood Tilden P.A.'s Recent Court Wins
Usually, the court will place conditions of bond that act as restraints on movement or travel. The most common of these is a “No Contact” or “No Violent Contact” or “No Nonconsensual Victim Contact.” The most restrictive of these requires the arrestee to have no direct or indirect victim contact including no telephone, in person, e-mail, regular mail or third party contact.
Furthermore, the court may impose a “No Return” condition of bond that effectively prevents the arrestee from returning to his/her own residence. This can become particularly problematic when the alleged victim is not the owner of the property or named as a resident on a lease. This often results in the arrestee paying the mortgage on the home occupied by the alleged victim as well as the rental of the temporary residence.
Unlike most other criminal charges, Domestic Violence conviction cannot be expunged or sealed from the arrest record. The only exceptions are if the case is resolved by acquittal at trial or if the charges are dismissed.
In evaluating a domestic violence case, ask yourself the following questions…
- Did you or the victim make any verbal or written statements to the police?
- Was anyone else an eyewitness to the incident?
- Were there any injuries to you or the alleged victim and if so did anyone take photographs
- Did you or the alleged victim make any admissions to the police
- Were you read your rights before being questioned
- Did the police coerce/require a statement from any party
- Did the victim consume alcohol or drugs before or after to the incident
It is a common misconception that a victim of a crime has the right to either “file” or “drop” charges. The State Attorney's office has the final word on whether to file a criminal charge. If charges are filed in your case, my firm concentrates its defense efforts in the following ways:
- Quickly filing for a Bond for release
- Obtaining consensual victim contact
- Getting you back into your home/business
- Interviewing the alleged victim and witnesses
- Filing a Declination of Prosecution
- Petitioning the government to drop charges
- Evaluating available Pre-Trial Diversion programs
- Filing pre-trial motions to dismiss or suppress evidence
Domestic Violence Battery - Questions and Answers
Q:) What is "Domestic Violence Battery?"
A:) The relationship of the parties involved determines whether a charge of Domestic Violence will be charged. Specifically, if the parties are married, living together or related by blood will determine whether it is "Domestic"; and if one of these parties is alleged to have had unwanted physical contact will determine whether there is a "Battery." My firm will evaluate the facts of your case and petition to have your case dropped if it is wrongly charged.
Q:) Can the victim drop charges?
A:) Generally, no. Unlike in a civil case where one party brings a cause of action against another, the laws of the State of Florida are enforced by the State Attorney's office. The State Attorney does however want input from the alleged victim. If she does not wish to prosecute, it may result in the case being dropped. My firm is proactive in contacting the Prosecuting attorney to discuss alternatives to bringing formal charges.
Q:) Will I still be prosecuted if the victim does will not cooperate?
A:) The prosecution does not necessarily need the victim to cooperate and testify in order to obtain a conviction for domestic violence. My firm may decide to prepare a "Declination of Prosecution" and files it with the Prosecution and Court. This may lead to the Prosecution dropping charges.
Q:) What Sentence am I facing?
A:) If convicted at the Misdemeanor level, there would include a lifetime criminal conviction (can not seal or expunge record for this charge), one (1) year supervised probation, up to one (1) year jail with a mandatory minimum 5 days where "bodily harm" has occurred, up to $1,000.00 fine, six (6) months or more Batters Intervention Program, limitations on victim contact or travel, possess no firearms, community service and more.
It is important to hire a law firm with extensive experience and knowledge in defending these specific cases. By drawing upon my extensive experience prosecuting these cases, each year my firm successfully defended clients charged with "Domestic Violence".
Injunctions against Domestic Violence
N. Fleetwood Tilden, P.A.
Attorney at Law
147 East Lyman Avenue
Winter Park, FL 32789
Local: (407) 599-1234
Toll Free: (877) 388-9595
Fax: (407) 599-1235
E-Mail: ftnftlaw@embarqmail.com
