Domestic Violence (DV) Battery in Florida
My Loved One was Arrested for Domestic Violence in Orlando, Brevard, Volusia, Osceola or Seminole County…
What’s going to happen next?
With any Daytona Deland Seminole Kissimmee Orlando Domestic Violence charge, the detainee MUST see the Judge. This is called a ‘First Appearance Detainer.’ This is to determine the conditions of release including bond, contact, and whether you can return home ( or No Contact whatsoever, No Return to Scene, Surrender All Firearms’ will be issued if the alleged victim does not appear and testify to below). If you hire a DV attorney before first appearance (the first appearance hearing is typically 1:30 in the afternoon in Brevard, Seminole, Orange, Osceola, and Volusia County), your attorney can contact the alleged victim and see if they want to come in and agree to No Hostile Contact and allow the person to come home. We are experienced in this delicate aspect of domestic violence cases. Call 407.504.1384 to have a free consultation and speak directly to a Daytona Deland Seminole Kissimmee Orlando DV Battery Lawyer now. Don’t talk to an assistant, talk to the lawyers with answers. Other conditions of Pretrial Release include no guns, no alcohol or drugs, and no return to the scene.
The victim does not want to press charges…
Will the State drop the charges?
The State of Florida considers itself a victim to every crime, thus the State can still go forward against a victims wishes. The State can ask the Judge in a particular case to issue an Order to Show Cause if the victim or witness(es) don’t show up for trial. Whether or not the Judge issues a warrant is peculiar to the particular Judge dealing with that request. It is not common but it certainly happens. If the Victim does not want to press charges, they can and should express that to both the defense attorney and the state attorneys office both verbally and by obtaining a declination of prosecution. Thus, charges can still be filed against the victim’s wishes. It is important to contact an experienced Central Florida / Orlando domestic violence lawyer such as Heiko G. Moenckmeier Esq to discuss the particular facts of your case. 407.504.1384– you can call now to speak with him regarding your issue.
How serious is an Orlando, Volusia, Osceola or Seminole County Domestic Violence Battery?
What are the Consequences?
DV Battery is a 1st degree MM punishable by up to 1 year in jail, 1 year on probation, a combination of both, a ‘Battery Surcharge’ of $150.00, and a 26 week Batterer’s Intervention Program that costs $30-$60 per session and up to a $1000.00 fine. The State of Florida considers itself a victim to every crime, thus the State can still go forward against a victims wishes, sometimes with a 911 call alone, if the defense attorney cannot or does not get that 911 call excluded. If you are convicted of domestic violence you will no longer be able to own a handgun for personal protection or even a rifle or shotgun for hunting. Under a federal law known as the Lautenberg Act, it is a crime for any person who has ever been convicted of a “misdemeanor crime of domestic violence” to possess any firearm. 18 U.S.C. Section 922(g)(9). Violation of this statute is a federal offense that carries a maximum sentence of 10 years in federal prison. 18 U.S.C. Section 924(a)(2). Under the Lautenberg Act, any conviction for domestic violence, domestic battery, domestic assault, or any similar charge makes it illegal to possess, own, buy, or sell a firearm. Florida Law prohibits possessing a gun while out on bond for domestic violence charges, it’s a new law crime, and your underlying bond will be revoked and your butt will sit in jail.
Should I hire a lawyer?
Yes. An experienced Orlando domestic violence attorney can negotiate with the State to drop the charges, possibly get the alleged victim on board to allow the Defendant to return home to their house, get the Judge to reduce bond, and fight the charges by humanizing the accused. If necessary, a trial experienced defense lawyer can go to trial and attempt to convince a jury that the accused is not guilty, that the alleged victim is lying and trying to punish the Accused for something else, and present the evidence that gets a not guilty verdict for the Accused.
Other Domestic Violence Crimes
- Domestic Violence False Imprisonment. Being accused of blocking someone from leaving through a door is a 3rd degree felony punishable by up to 5 years in prison, 5 years on probation, and a fine of up to $5000.00. The same first appearance detainer and conditions of pretrial release apply.
- Domestic Violence Battery by Strangulation is a 3rd degree felony punishable by up to 5 years in prison, 5 years on probation, and a fine of up to $5000.00. Definitely a felony. The same first appearance detainer and conditions of pretrial release apply.
- Domestic Violence Battery on a Pregnant Person is a 3rd degree felony punishable by up to 5 years in prison, 5 years on probation, and a fine of up to $5000.00. Definitely a felony. The same first appearance detainer and conditions of pretrial release apply.
- DV Witness Tampering / Depriving the Use of 911- is a 3rd degree felony punishable by up to 5 years in prison, 5 years on probation, and a fine of up to $5000.00.
- If you smack the phone out of someone’s hand while they’re calling 911, that is a FELONY.
- If you take the phone away while they’re calling 911, that’s definitely a FELONY.
- If you tell the alleged victim something bad will happen if they prosecute you, that is also witness tampering, a 3rd degree FELONY.
The same first appearance detainer and conditions of pretrial release apply.
- Violation of Domestic Violence Injunction is a 3rd degree Felony punishable by up to 5 years in prison, 5 years on probation, and a fine of up to $5000.00. The state will have to prove that a valid injunction existed, that the Defendant knew about it, and that the Defendant willfully violated the injunction by some sort of contact. The same first appearance detainer and conditions of pretrial release apply.