The Process Of A Domestic Violence Charge

Being arrested, particularly for an offense you did not commit, can be a truly traumatizing experience. Florida law enforcement will often arrest one participant in a domestic dispute, and if it turns out to be you, it can be frightening to be unsure of what might lie ahead. This is particularly true if you have never been in trouble with the law before, but a knowledgeable attorney can help.

Arrest & Bond

If someone calls the police during a domestic dispute, the probability is high that one of the participants may get arrested. Florida law states explicitly that “arrest is the preferred response only with respect to the primary aggressor,” but in some cases, it can be difficult to determine who the primary aggressor might be. If you have been arrested for this type of offense, the legal process can feel stacked against you, even if it is not.

The first event in the legal process after a domestic violence arrest is the ”first appearance” hearing. In Florida, crimes of domestic violence are some of the few with which a person cannot immediately bond out; they must appear before a judge first. At the hearing, a bond will be set (if applicable), and if you can pay that bond, you will be released, though sometimes additional conditions are required before you will be let go, for example, agreeing to abide by a no-contact order.

To Charge Or Not To Charge

After your release from jail, the next step is up to the state’s attorney, the office must determine whether or not to charge you. There are several different factors that play into this decision, but it is important to know that the victim’s wishes may not be one of them. It is not uncommon, in particularly egregious cases, for a state’s attorney to charge a person with domestic violence-related offenses even if the victim wants to drop the charges.

If you are charged, the next step is arraignment, at which you are officially put on notice with regard to the charges against you, and you will be asked to plead guilty or not guilty (or an alternative plea, such as no contest). Once you have entered a plea, the business of preparing for trial begins, and while a plea-bargain may be possible, it may be that you wind up facing a jury, who will then determine your guilt or innocence.

Call A West Palm Beach Domestic Violence Attorney

Being charged with a domestic violence offense can change a person’s life, even if they do not wind up being convicted of the crime. A West Palm Beach domestic violence attorney from the firm of Perlet & Shiner, P.A. can help you navigate the legal process and make sure your voice is heard. Call our office today to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0741/Sections/0741.29.html