What Happens After a Domestic Violence Arrest in Florida
Have you been arrested for domestic violence in Tallahassee? If so, you’re probably scared about what happens next. Indeed, a domestic violence arrest can be a life-altering event. When emotions are high and the facts are unclear, law enforcement must make a quick decision that can have serious consequences. Many are surprised to learn that domestic violence cases move forward even when the alleged victim doesn’t want to press charges. Understanding what happens post-arrest can help you and your family prepare for the legal process ahead.
Understanding mandatory arrest policies
The law gives Florida police broad authority when responding to a domestic violence call. If officers have probable cause to believe that some form of violence has occurred, they are generally required to make an arrest, even if the alleged victim objects. Florida’s mandatory arrest policy is designed to protect victims, but it can also result in an individual being taken into custody based on limited or conflicting evidence.
Understanding no-contact orders
After an arrest, the alleged suspect is taken to jail. They must appear before a judge, usually within 24 hours, for a first appearance hearing. At the hearing, the judge will set bond and usually issue a no-contact order. The order prohibits the accused from contacting the alleged victim either directly or indirectly.
In other words, you’re forced out of your home, and you may lose the ability to communicate with your spouse or partner. You may also be prevented from seeing your children. If you violate the no-contact order, you are charged with a separate criminal offense, which carries additional penalties.
The prosecution will move forward even without the victim
People sometimes think that if the alleged victim decides not to press charges, then the case will end right there. In Florida, that simply isn’t true. Domestic violence charges can be filed without the victim’s input or consent. The charges will be prosecuted by the State Attorney’s Office. Instead, the prosecutor will rely on police reports, 911 calls, photographs, medical records, and witness statements.
Penalties for domestic violence in Florida
Florida domestic violence cases can involve a range of charges, from misdemeanor battery to felony assault. Penalties can include jail time, probation, fines, mandatory counseling, and the loss of gun rights. Even a misdemeanor conviction can carry serious consequences, including restrictions on employment or housing.
Since Florida law prohibits the sealing or expungement of domestic violence convictions, the record can follow you for the rest of your life. Hence, why an aggressive defense early in the case is so important.
Defenses to domestic violence in Florida
While every case is different, most defenses involve one of the following:
- Self-defense
- Lack of intent
- False allegations
- Insufficient evidence
In some cases, a seasoned criminal defense lawyer can get the charges reduced. You may be required to participate in a diversion program or get a dismissal of the charges. The earlier an attorney gets involved in the matter, the better off you’ll be.
Talk to a Tallahassee, FL, Domestic Violence Lawyer Today
Luke Newman, P.A., represents the interests of those charged with domestic violence in Tallahassee and the surrounding areas. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
