Domestic violence cases involve charges of assault and battery against a familial relation or a person who lives with you, such as a wife, child, husband, boyfriend, girlfriend, mother, or father. Domestic violence is a first-degree misdemeanor, which would result in a permanent criminal record if you are convicted.
The long-term consequences
The long-term consequences of a domestic violence conviction can be very serious. Employers routinely conduct background checks of prospective employees and few would want to hire an employee who has a conviction for domestic violence. Many domestic violence cases can be resolved without a criminal record if your lawyer has you immediately enroll in an anger management program or battery intervention program (BIP) and refrain from harmful contact with the victim. This can result in the charge being dismissed or “nolle prosed” without a conviction or a criminal record.
If you inform us that you did not commit the offense, we will aggressively fight the charge. We can investigate the case, take depositions, and get medical records, police reports, CAD reports (which is the information generated between the 911 and the police officer) and the 911 call recordings to find out if this evidence supports the charges.
Charges of spousal abuse and domestic violence are often made because there is a pending divorce or child custody matter. In these cases, a trial date can be set knowing that either the victim will not show up or can use the evidence from our investigation to impeach the victim. Aggressive representation in a domestic violence case can often make the difference between facing a first-degree misdemeanor charge and having the charge dismissed.
Ordinarily, private citizens do not have power of arrest in Florida; but under limited circumstances a private party may make an arrest where an actual commission of a felony is involved.