How Do You Drop a Domestic Violence Charge in Florida?

If you are the victim of a Domestic Violence crime in Florida, can you drop the charges?

While the voice of the victim of a crime matters and is influential, it is the State Attorney’s (the prosecutor) determination on whether or not a criminal charge will ultimately be filed or if charges will be dropped.

So what can a victim do to drop domestic battery charges in Florida?

Domestic violence charges include any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Most often individuals are arrested for Domestic Battery.

Victims have legal rights in the State of Florida as established by Marsy’s Law which is a victim’s rights law. Specifically, those victims rights are found in Article I (Declaration of Rights) Section 16 (Rights of accused and of victims) of the Florida Constitution and include:

The right to have standing in court
The right to be present at all proceedings involving the case
The right to be heard in any proceeding during which a right of the victim is implicated including release, plea, sentencing, disposition, parole, revocation, expungement or pardon

Thus, even though the State Attorney has the final word, they must take into consideration the wishes of the victim in the case.

A victim can do the following to influence the State Attorney’s decision on whether or not to file a formal criminal charge (called filing an Information or a No Information):

The victim can make their wishes known in writing:

This can be accomplished by the victim filing a Request Not To Prosecute. This form can be found at the Clerk of the Court’s office and may be filed in any domestic related criminal case. The document states that the victim 1) Does not want the Defendant prosecuted; 2) Is not in fear of the Defendant; and 3) Desires contact with the Defendant.

The victim can speak with the State Attorney (prosecutor) and indicate that they do not want the Defendant prosecuted:

In most misdemeanor cases the State Attorney (prosecutor) will call the victim and ask them what happened and what they want to see happen with the case. In felony cases the victim will be asked to come in person to an interview conducted by the prosecutor. Here again, the prosector will ask the victim what happened and what outcome they desire in the matter. Oftentimes a victim who states that nothing like the incident in question has ever happened before and that they do not desire prosecution may influence the prosecutor’s decision and the charges may be dropped.

The victim can hire an attorney to act as a Victim Advocate:

The State Attorney does not represent the victim per se. The State Attorney represents the interests of the State of Florida. The case is not The Victim vs. The Defendant - it is The State of Florida vs. The Defendant. While the State Attorney takes into consideration the victim’s wishes, the prosecutor is not the victim’s attorney. A victim in a criminal case has a right to hire their own attorney to represent and protect their interests. Criminal defense attorneys are excellent choices for Victim Advocates in criminal cases as we understand exactly what happens in a criminal case.

Hire a criminal defense attorney to represent the Defendant:

If you are the victim and don’t want to prosecute, you should ensure that the Defendant has a criminal defense attorney. The criminal defense attorney can interview you (the victim) and ensure that your point of view is properly relayed to the State Attorney. Critical information you may have as the victim can also be used in defense of the Defendant. An attorney can also assist with having contact granted between the Defendant and Alleged Victim by requesting a hearing to have the No Contact Order removed.

There are many factors that the State Attorney may take into account when determining whether or not they will drop charges in a domestic violence related case, these include:

Whether or not the victim is credible
If the victim provided a false statement to law enforcement
If the victim was in fact the initial aggressor
If the victim was a willing participant in the incident (what is referred to as a mutual brawl)
Whether or not the victim has a clear recollection of what happened and if that memory was influenced by alcohol, prescription medications, or drugs
If there are factors including family relationships and financial implications that would negatively impact the victim
If the victim is not willing to cooperate with prosecution

Your best opportunity for success is to have an attorney advocating for you as early as possible. With early intervention there is oftentimes an opportunity to have the charges dropped.

Speak to an experienced Domestic Violence Defense Attorney:

If you are the alleged victim and want to drop criminal charges in Florida, or if you have been arrested for Domestic Battery or any type of domestic violence related charge or if you are a victim and need a Victim Advocate, or if you have had an Injunction For Protection Against Domestic Violence filed against you (or if you are the Petitioner), call the Morris Law Firm at 727-388-4736, Option 1 for New Clients for a strategic review of your case and representation. The Morris Law Firm handles misdemeanor and felony criminal cases throughout the Tampa Bay area and is dedicated to criminal defense.

Morris Law Firm Attorneys rated one of the Top 3 Criminal Defense Lawyers in St. Petersburg!

St. Petersburg, Tampa Bay, Florida

The Morris Law Firm’s attorneys Melinda Morris & Seth Shapiro have been rated one of the Top 3 Criminal Defense Lawyers in St. Petersburg by ThreeBestRated.com for 2024.

The Three Best Rated review team selected the Morris Law Firm for the accolade using a 50-Point Inspection that includes everything from checking reputation, history, complaints, ratings, satisfaction, and general excellence.

https://threebestrated.com/criminal-defense-lawyers-in-st-petersburg-fl

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7 Myths of Domestic Violence

There are many misconceptions about Domestic Violence. Domestic Violence is a criminal offense and can include any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member. Most often individuals are arrested for Domestic Battery.

Understanding common misconceptions about Domestic Violence and having an attorney well versed in law and current research on Domestic Violence can help to successfully resolve your case.

MYTH #1 - The Police Will Arrest Both Parties

Fact: The police don’t typically arrest both parties. Even when both parties are involved in the violence, police will only arrest who they deem to be the “primary aggressor.” Florida Statute §741.29 states that,“if two or more persons make complaints to the officer, the officer shall try to determine who was the primary aggressor Arrest is the preferred response only with respect to the primary aggressor and not the preferred response with respect to a person who acts in a reasonable manner to protect or defend oneself or another family or household member from domestic violence.” Thus even when both parties are involved in the altercation officers are tasked with attempting to determine who they believe to be the “primary aggressor” and arresting just that person. There is certainly the possibility of error in this determination by law enforcement and it also ignores when the “victim” may have been the “predominant aggressor” leading up to the alleged incident.

MYTH #2 - Only Men Commit Acts of Domestic Violence

Fact: Rates of violence are comparable between men and women. Although the stereotype is that the man is typically the primary aggressor, studies have shown that rates of violence are comparable between the sexes and sexual orientations. The latest National Intimate Partner and Sexual Violence Study found the lifetime prevalence of domestic violence victimization was 47.3% of women and 44.2% of men. Law enforcement does not typically understand this fact and often focuses on the male as the primary aggressor. (see M.C. Black et al., (NISVS): 2010 Summary Report, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention (2011)).

MYTH #3 - There Are Differences in Motives for Domestic Violence Between the Genders

Fact: Motives for committing domestic violence are similar between genders. Influence of alcohol or controlled substances, jealousy, anger and retaliation are all factors in acts of Domestic Violence. Studies have shown that the motives for committing Domestic Violence are the same across genders and LGBTQ populations. (see M.C. Black et al., (NISVS): 2010 Summary Report, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention (2011)).

MYTH #4 - Only One Party Is Responsible for Domestic Violence

Fact: Both parties typically have a propensity for violence. Contrary to popular belief, in abusive relationships, the instigator of violence is oftentimes equal between the male and female partner. (see M.C. Black et al., (NISVS): 2010 Summary Report, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention (2011)).

MYTH #5 - Most Domestic Violence Arrests Involve Serious Injury

Fact: Most domestic violence arrests involve minor or no injuries. The majority of Domestic Battery arrests involve minor or no injury. Because Florida law does “not require consent of the victim or consideration of the relationship of the parties” police almost always make an arrest of the party they deem to be the “primary aggressor” even when there is no injury to the victim or the victim does not want prosecution. (see M.C. Black et al., (NISVS): 2010 Summary Report, National Center for Injury Prevention and Control, Centers for Disease Control and Prevention (2011)).

MYTH #6 - Those Arrested For Domestic Battery Are Truly “Batterers”

Fact: Those arrested for domestic battery are not typically “Batterers.” The person arrested for Domestic Violence is typically labeled as a “batterer” and oftentimes is required to participate in Batterer’s Intervention Prevention (BIP) classes by law. It is far more typical that the arrested is not a “batterer” and that the incident was one of “situational violence” and does not represent a long-term or on-going pattern of violence. Situational violence can include pushing and grabbing as is commonly observed when arguments escalate between the parties and turns physical. (See E. Buzawa & C. Buzawa, Domestic Violence: The Criminal Justice Response (2d ed. 2002); J. Hamel et al., supra note 10; J. Hamel, Gender Inclusive Treatment of Intimate Partner Abuse: Evidence-Based Approaches (2d ed. 2014).)

MYTH #7 - You Can Sue The Police For Arresting the Wrong Party in a Domestic Violence Incident

Fact: You cannot sue police for arresting the wrong party in a domestic violence incident. Florida law states that, “No law enforcement officer shall be held liable, in any civil action, for an arrest based on probable cause, enforcement in good faith of a court order, or service of process in good faith under this chapter arising from an alleged incident of domestic violence brought by any party to the incident.”

What If I Am The Victim?

We also help victims and can work as a victim’s advocate in criminal cases. Our knowledge of how cases work on both sides helps all of our clients immensely.

Criminal Domestic Violence cases are complex matters. A criminal defense attorney can be of great assistance in helping you understand the law, potential consequences, and methods to resolve the cases. Early intervention is key and may help you avoid a formal criminal charge based on the arrest and even put you in the position to have the criminal history removed from your record.

If you have been arrested for Domestic Violence/Domestic Battery, or have had an Injunction For Protection Against Domestic Violence filed against you (or if you are the Petitioner) call the Morris Law Firm at 727-388-4736, Option 1 for New Clients for a strategic review of your case. The Morris Law Firm handles misdemeanor and felony criminal cases as well as related Injunction issues throughout the Tampa Bay area.

** CREDIT: Portions of the above were summarized from the National Association of Criminal Defense Lawyers (NACDL) publication, The Champion, “Litigating Domestic Violence Cases” John Hamel, Ph.D., LCSW and Brenda Russell, Ph.D.

5 Things To Know When You've Been Arrested For Domestic Battery And Have Also Been Served With An Injunction

Arrested For Domestic Battery? Served With An Injunction? What to Know

A Domestic Battery is a criminal case and occurs when there is an “intentional touching or striking of another person against the will of the other” and that person is a “family or household member” which can include persons residing together including boyfriends and girlfriends.

What is an Injunction?

An Injunction For Protection Against Domestic Violence is a civil case. A person can file for an Injunction (called the Petitioner) by filling out a Petition and turning it in to the Clerk of the Court for review by a Judge. The Petitioner must be a victim of domestic violence or have reasonable cause to believe he or she is in imminent danger of becoming a victim of any act of domestic violence. (Note: An Injunction can otherwise be thought of as a Restraining Order or an Order Of Protection.)

It is common for an individual to be arrested for Domestic Battery and for the alleged victim to then file an Injunction For Protection Against Domestic Violence. The individual is then faced with two cases - one criminal, and one civil.

There are numerous consequences of being arrested for Domestic Battery and having an Injunction For Protection Against Domestic Violence filed against you, as well as significant consequences related from one case to the other.

Here are the Top 5 Things To Know When You've Been Arrested For Domestic Battery And Have Also Been Served With An Injunction:

#1 - Double No Contact Orders

In almost all cases, the Judge will order No Contact with the victim in the criminal case. This typically means no contact of any type including direct in-person contact, over the phone, via voicemail, via text, via social media, and even indirect contact through a third party (for example telling a family member to pass a message to the alleged victim).

Similarly, if a Temporary or Final Injunction is ordered in the civil Injunction case, there will be a comparable civil No Contact Order.

It is important to remember both No Contact Orders must be removed before there can be any contact with the alleged victim / Petitioner. Violation of either No Contact Order is a criminal offense.

#2 - Not being able to live at your Residence X 2

Directly related to the No Contact Order above is the fact that if No Contact is ordered with the victim in the case, and you lived with the victim before the arrest you will no longer be allowed to live at the shared residence.

Once again, if a Temporary or Final Injunction is ordered in the civil Injunction case and you lived with the Petitioner you will no longer be allowed to live at the shared residence if the Petitioner asks for possession of the residence.

In both the criminal case and the civil Injunction case, the Court will not care if you do not have any other place to live, nor will it be taken into consideration that you may have children or pets at the residence that you are responsible for. Both No Contact Orders must be removed before you can return to your residence.

#3 - Temporary Loss of ability to possess a Firearm or Ammunition

When released on a Domestic Battery charge you will be temporarily prohibited from possessing a firearm or ammunition.

Similarly, if a Temporary or Final Injunction is ordered in the civil Injunction case, you will be temporarily prohibited from possessing a firearm or ammunition.

Here again, both the criminal case must be resolved and the Injunction dismissed before it is legal to possess a firearm or ammunition.

#4 - Your Ability To Fight The Injunction May Be Limited

A final hearing is required by law within 15 days of the Injunction being filed if the Petitioner requests a non-waiver of Hearing. If you have a pending criminal case for Domestic Battery where the facts and circumstances are shared or similar between the criminal case and the allegations in the Injunction case you may be initially limited in your ability to fight the Injunction. Why? Because in most cases to fight the Injunction, your testimony will be required. This is an issue because anything you say in the civil Injunction case could potentially be used against you in the criminal case.

Typically, the Injunction case will have to be continued until such time that the criminal case is resolved.

#5 - There Are Criminal Consequences To Both Cases

Violating any of the Judge’s Orders mentioned above can subject you to being arrested.

A violation of the No Contact Order in the criminal case will cause you to be arrested and held without bond. Furthermore, the State Attorney may file a new criminal charge against you called a Violation of Pre-Trial Release.

A violation of the No Contact Order in the civil Injunction case will result in you being arrested on a new criminal charge of Violation of Injunction.

What If I Am The Petitioner?

We also help Petitioners in the Injunction case and can work as a victim’s advocate in the criminal case. Our knowledge of how cases work on both sides helps all of our clients immensely.

Criminal Domestic Violence cases are complex as are civil Injunction cases. A criminal defense attorney can be of great assistance in helping you understand the law, potential consequences, interactions between the cases, and methods to resolve the cases. Early intervention is key and may help you avoid a formal criminal charge based on the arrest and even put you in the position to have the criminal history removed from your record. Similarly, taking action on the Injunction matter right away is important to your ability to resolve the case.

If you have been arrested for Domestic Violence/Domestic Battery, or have had an Injunction For Protection Against Domestic Violence filed against you (or if you are the Petitioner) call the Morris Law Firm at 727-388-4736. The Morris Law Firm handles misdemeanor and felony criminal cases as well as related Injunction issues throughout the Tampa Bay area.

Seth Shapiro Awarded Avvo Clients’ Choice for 2022

ST. PETERSBURG, FLORIDA -

Seth Shapiro, Attorney at Law, Owner at the Morris Law Firm has been awarded the Avvo Clients’ Choice Award for 2022.

The Avvo Clients’ Choice Award is presented each year to attorneys based on their positive relationships with their clients. Recipients of the Clients’ Choice Award are primarily evaluated on the strength of the attorney’s relationships with clients, and the number of positive attorney ratings left on Avvo by clients. As the name implies, this award means that the recipients really are the “Clients’ Choice.”

Seth Shapiro has been given the Avvo Clients’ Choice Award in 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022.

Avvo is an online legal service marketplace that offers legal advice and provides ratings of legal professionals. Approximately 97% of U.S. lawyers are rated by Avvo that allows prospective clients to research attorneys based on their reviews and ratings.

Contact the Morris Law Firm at (727) 388-4736 for a strategic review of your case. Seth Shapiro represents clients throughout the Tampa Bay Area, including Pinellas and Hillsborough counties.

Melinda Morris Awarded Avvo Clients’ Choice for 2022

ST. PETERSBURG, FLORIDA -

Melinda Morris, Attorney at Law, Owner at the Morris Law Firm has been awarded the Avvo Clients’ Choice Award for 2022.

Melinda Morris has been given the Avvo Clients’ Choice Award in 2012, 2015, 2016, 2017, 2020, 2021, and 2022.

Contact the Morris Law Firm at (727) 388-4736 for a strategic review of your case. Melinda Morris represents clients throughout the Tampa Bay Area, including Pinellas and Hillsborough counties.