Our criminal justice system is supposed to be based upon the principal that a defendant is innocent until proven guilty. However, if you have been arrested for Battery–Domestic Violence, then the alleged victim and State can immediately act to take away some of your freedoms and rights––even if you have not been convicted of any crime.
Battery Domestic Violence is the intentional touching or striking of another person, or the intentional causing of bodily harm to another person who is a family or household member. Family or household members are defined under Florida statues as husbands and wives; ex-husbands and ex-wives; related individuals by either blood or marriage; individuals living together as a family; individuals who have lived together as a family in the past; and individuals who have a child together regardless of marriage.
No Contact Order – The judge will almost always issue a no contact order as a condition of your bond, which will prohibit you from having any contact with the alleged victim. Unless the judge agrees, you will not be permitted to return to your residence if the victim lives there, you will not be permitted to collect any personal items or belongings from your shared residence, and you will not be permitted to have any third party contact with the alleged victim. A violation of a no contact order or a no return order is very serious and can result in the revocation of your bond and an additional criminal charge.
Injunction for Protection Against Domestic Violence – Depending upon the relationship that you had with the victim, he or she may also seek an injunction against you in a family or domestic relations court. It is important to note that a preliminary injunction may be entered against you based on nothing more than the sworn statement of the victim. An injunction for protection against domestic violence is a legal order forbidding you from having any contact with the victim, or going within a certain distance of the victim’s home or work. A violation of an injunction can result in a contempt of court charge and can also constitute a violation of the no contact order.
There is no question that our domestic violence laws are designed to protect the rights of victims––not the defendant’s. Many people charged with domestic violence mistakenly and regrettably try to represent themselves. This is a big mistake and not advisable under any circumstances. If you are convicted of domestic violence, the judge may sentence you to jail time. Additionally, you will most likely receive significant probation, fines, court costs, community service, and ordered to attend a batterers intervention program, which is time consuming and costly.
If you have been arrested for Battery–Domestic Violence or have had an injunction filed against you, let me fight for your rights. I have extensive experience handling domestic violence charges and injunction hearings and frequently get the criminal case dismissed and the injunction dissolved.
Do not let the victim get the upper hand. If you have been arrested for Battery-Domestic Violence anywhere in Brevard County, including, Melbourne, Viera, Palm Bay, Cocoa, Cocoa Beach, Merritt Island, Titusville, Rockledge, Cape Canaveral, Satellite Beach, Indian Harbour Beach, West Melbourne, Melbourne Village, Melbourne Beach, Indialantic, Palm Shores, Grant-Valkaria, or Mims, please contact me at my office at 321-254-3455 or on my cellphone at (321) 576-8398 anytime day or night to discuss your case.