It seems to make sense that in order to be arrested and charged with a crime, there must be a victim. Crimes like assault, burglary and even domestic violence require that a victim come forward, make a complaint and press charges. Or do they?

In the state of Florida, you can be charged with domestic violence even if the victim is adamant that they don’t want to press charges. Some people find themselves on the wrong side of a law after an argument, even if there is no evidence of injury and the victim doesn’t want you arrested. Here’s how.

In our state, prosecutors can put someone on trial for domestic violence According to a case dating back to 1999, the “decision to prosecute does not lie with the [alleged] victim of the crime.” The State Attorney’s Office can file charges against a person provided the office believes it has enough evidence to prove its case.

Many states have enacted rulings such as these in order to protect victims. Before such rulings were made, victims of domestic violence would often decline to press charges or testify out of fear. To ensure that people who committed these crimes of violence were brought to justice, it was determined that as long as there was enough evidence, prosecutors could move forward without a victim’s cooperation.

It is incredibly important that anyone charged with domestic violence hire an attorney as quickly as possible. Many neglect to do so, believing that the charges will be dropped because the “victim” has no intention of filing charges. Do not make this mistake.

If you have been charged with domestic violence in Orlando or the surrounding area, call our office today. We will schedule an appointment for your free consultation. Let our experienced attorneys help to make sure that you are treated fairly and justice is served.

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