Domestic violence: Will the State drop the charge?

When the police are called because of a domestic violence dispute, you can count on things getting out of your control. The laws of the State of Florida and the policies of police agencies presume that when a couple gets into a fight, violence ensues. In order to avoid any violence from occurring after they leave, the police will usually arrest one of the parties and let them cool off in jail. Unfortunately, that’s not where the story ends.

The courts and prosecutors all fear letting a person out of jail or off the hook when it comes to a domestic violence battery case. The news is full of stories involving serious domestic violence cases of assault, battery, stalking and even murder. As such, elected law makers, prosecutors and judges treat anyone accused of a domestic violence related offense as if they are going to do harm to the accuser upon release. Often times bond amounts are very high and release from jail while awaiting trial involves home confinement and GPS monitoring, among other restrictions. Many times, alleged victims are advised to get an injunction, as well.

Even when the alleged victim accuser tells the police that they are not interested in having a person arrested for a domestic violence charge, it will usually not stop the arrest. In fact, the police, prosecutors and judges involved in domestic violence cases will frequently not pay much attention to an alleged victim who wants the charges dropped. Victims who want to drop charges are even frequently threatened with DCF action (when kids are involved), and intimidated and forced under threat of arrest to cooperate with prosecutors.

If you are involved in a domestic violence battery case, whether as the accused or as an alleged victim, you may benefit by having an attorney represent your interests. An accused/arrested person can have a lawyer seek their release from jail with reasonable conditions, get an injunction dismissed, and even get the criminal case dropped.

Alleged victims can have an attorney give them an informed voice, assert their rights under Florida’s Victim Rights Act, and insulate them from threats and intimidation by the authorities.

Longwell Lawyers are Orlando criminal defense attorneys. Want a free consultation? Call us to get more information about your rights if you have been involved in a domestic violence incident.