Important Notes about Domestic Violence Charges
Domestic violence is a widespread problem that involves battery or violence against a family member or a significant other. Many times a pattern of domestic violence can lead to a homicide. That is why the State of Florida takes such a hard line on these cases and why the police are required to make an arrest.
In fact the Office of the State Attorney has a special unit known as the Domestic Violence Prosecution Unit. This Unit works closely with law enforcement and the victims. Its sole purpose is the investigation and prosecution of domestic violence cases.
Once an arrest is made the police reports, witness statements and other evidence is forwarded to the State Attorney’s Office. The State will often require the victim to meet with their victim advocates or one of the prosecuting attorneys. After that the State will decide whether to file formal charges against the person accused of domestic violence. If the State files charges then the case is transferred to a trial division (before a Judge) for resolution.
Defending Domestic Violence Charges
Many times the person accused of the domestic violence charge is not always at fault. There are manipulative people who like to play the role of the victim in order to have someone arrested for domestic violence as an act of revenge or for leverage in a divorce or child custody battle. People who engage in these behaviors are themselves acting in disregard of the law and may be committing the crime of perjury. When this is the situation, a zealous defense is required.
In cases where the accused batterer is responsible for committing the crime of domestic violence sometimes the victim will forgive that person. It is a good start to have the victim (usually a significant other or family member) to want to drop charges against you. However, this does not mean that the State Attorney’s Office will automatically drop the case. Once a crime is committed, the crime “belongs” to the State of Florida not to the victim. That is why the Prosecutor has the ultimate decision whether or not to prosecute or drop the case. It is essential that you zealous representation. Attorney Mark Anthony Gager knows the law, knows how to try a case and knows how to negotiate on your behalf. In situations like this, experience counts.
Injunctions for Domestic Violence
In addition to being arrested for domestic violence and having the State file formal charges against you there is also the issue of an injunction. An injunction for domestic violence is a Court Order, which requires the respondent to stay away from and have no contact directly or indirectly with the petitioner (victim). Usually the respondent will steer clear of the victim, but not always. If you have an injunction for domestic violence against you, this means you cannot have personal contact with the victim. This also means you cannot call the victim on the telephone, send emails, send letters or have a third person talk to them for you. This can be extremely difficult especially when there are children involved and one parent has an injunction against the other parent. Violation of an injunction for domestic violence will give rise to a new criminal charge for violation of injunction. So, if there is an injunction against you it is wise to stay clear of the victim. Any contact with the victim should only be through your Attorney or through the Court System.
Personality Traits of Batterers
Many people who commit domestic violence have similar personality characteristics or backgrounds. Such people generally have low self esteem, may have themselves been abused as a child, are jealous, are under the influence of alcohol or drugs, have explosive tempers, like to control other people, fail to take personal responsibility for their problems and thus “act out” with violence on a partner or family member and use sex as an act of aggression. If you or someone you know exhibits these characteristics you may consider seeking professional help through a counselor or an anger management program. In most instances, these issues are treatable.
No Contact Orders
When someone is arrested for domestic violence the Judge will usually issue a “no contact” order. The no contact order is often a condition of bond or pre-trial release. This is similar to an injunction for domestic violence in that it means you cannot have personal contact with the victim. This also means you cannot call the victim on the telephone, send emails, send letters or have a third person talk to them for you. Like an injunction this complicates things when children are involved and one parent has an injunction against the other parent. Many times these no contact orders can be modified into a “no nonconsensual contact” order. What this means is that you may have contact with the victim but only contact that the victim consents to. If the victim says or indicates that they no longer wish you near them, you must immediately withdraw from their presence. Violations of these orders can result in a revocation of bond which means you will be arrested and held in jail awaiting trial.
