When it comes to the prosecution of domestic violence in Florida, there are a lot of myths swirling around.
Many people erroneously believe that domestic violence charges are completely in the hands of the victim, a personal matter that can be erased and forgotten easily if the victim forgives the perpetrator – this is not the case. It is also not the case that all crimes have only one ‘victim’ – issues of domestic violence can be multilayered and complex. Are you confused about the intricacies of Florida domestic violence charges? Read ahead for valuable clarifying information.
Here are four myths about the crime of domestic violence in the state of Florida
1. We made up/ got back together, so everything is forgotten – While you and your significant other may have patched things up and moved on from this incident, the law does not work so simply. If law enforcement agents were involved in any way, the state may choose to prosecute the perpetrator. This decision is complex, and you will need a skilled and experienced Florida domestic violence lawyer in order to help you navigate these charges.
2. My partner does not want to move forward with charges, so I am in the clear – As with point number one above, once law enforcement agents have gotten involved, your partner’s opinions about pressing charges may no longer matter. If the police officers and district attorney feel that there is enough evidence to convict you, they may move ahead without your partner’s cooperation. Your lawyer may be able to have the case thrown out – consult with Ms. Boan about your specific circumstances.
3. What happens in our relationship is our business alone – While your individual disputes, arguments and relationship ups and downs are certainly your own business, the minute they cross over into the criminal sphere this is no longer the case. This can include domestic violence in all forms, sexual assault, kidnapping (holding your partner against their will), verbal threats, stalking and the abuse of pets.
4. I am always entitled to enter my own home – Even if your partner or the state have not sought to press charges against you, you may be served with a restraining order (also known as a domestic violence injunction). If this is the case, you will be required to stay away from your partner at all times, and this will include your shared residence. If you are served with a domestic violence injunction, an officer will accompany you to your home to pick up supplies, but you will be required to maintain a minimum distance for the duration of the order.
Have you been accused of domestic violence? You need skilled, professional representation – call or email Whitney S. Boan to learn more about and how she can help you with your case.
