What Will Happen If I’m charged with Domestic Abuse?
Domestic violence is a type of assault and battery that carries penalties if convicted. Domestic abuse may be charged as either a misdemeanor or a felony depending on the specific details of the situation. If you have been charged with domestic abuse it’s best to seek legal advice as soon as possible. In cases of domestic abuse there is typically a “no contact” order put in place as part of bond. The “no contact” order will specify the details. If there is such an order in place it is essential that you do not contact the other party under any circumstances.
No Contact Order
The no-contact order is put into place by the court and can only be lifted through court order. Even if two parties decide that they have calmed down and that they can contact each other, it is not permitted. No contact orders usually state that you cannot contact the other party through any method including in-person, by phone, through texting, or email.It does not, however, preclude a third party from contacting the other person. This is the best way to communicate when it is necessary. A no-contact order can replaced with a “no violent contact” order by the court. The “no violent contact” order is a stipulated order that changes bond conditions.
Penalties for Domestic Abuse
If convicted of domestic abuse the penalties may include:
- Jail sentence of up to one year
- Fines
- No longer allowed to own a firearm
The penalties are more severe for a convicted felony charge than for a misdemeanor charge. Those convicted of domestic abuse will generally face at least some jail time and fines. They may also be required to undergo psychiatric treatment or anger management classes. The penalties are based on the severity of the charges and whether or not this behavior has happened in the past. Your attorney will represent you at the first hearing and will argue to have the charges reduced or dropped, depending on the circumstances surrounding them.
Can My Partner Ask for Charges to Be Dropped?
In most situations, once domestic abuse has been charged it is difficult to have the charges dropped simply because your partner recants the story. In fact, if your partner tries to change the story he or she can be charged with perjury for filing a false police report in the first place. Florida takes domestic violence seriously and will not tolerate false reports. The responding officers must follow Florida law and are required to take the “primary aggressor” to jail. The first appearance is the time for reviewing charges and setting bond. An experienced attorney will represent you at this initial hearing and will help you resolve the case in the best possible way.