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Domestic violence is a general term for violence against a spouse, former spouse, present or past romantic partner, child, family member or person who lives with you.

Assault and battery against anyone is a crime, but the law gives special protection to spouses, girlfriends and boyfriends, children and other family members, who are seen as especially vulnerable. The injury doesn't have to be serious. In fact, law enforcement officers responding to a call sometimes don't even ask for proof that you caused it.

In most domestic violence cases the main witness for the prosecution is the "alleged victim." In a high percentage of cases the alleged victim, is the spouse or someone very close to the defendant. The alleged victim in many cases raises false accusations in “the heat of the argument.” Often that person has a change of heart soon after making the initial allegation. The alleged victim often wants to "drop the charges." Unfortunately once the arrest has been made the alleged victim no longer has control over the criminal prosecution. The position of the State Attorneys offices across Florida is that it is the prosecutor's job to proceed with the case to protect the victim, whether or not the "alleged victim" thinks they need protection. In addition to criminal charges, some victims of domestic violence seek restraining orders against the alleged perpetrator. If a restraining order is placed against you, restrictions may prevent you from going home, visiting your children, or even visiting certain establishments when the victim is nearby. The attorneys of Marc A. Joseph P.A., fight restraining orders in an effort to prevent your life from being affected by something unnecessarily ordered by the Court.

It is critical when you are accused of domestic violence that you retain the services of a very experienced criminal defense law firm. In these cases it is often wise to have the alleged victim give a written or recorded statement to your criminal defense lawyer that explains what the alleged victim states is "the truth" about what really happened. The defense firm can then use that statement in an attempt to convince the prosecution to drop charges. If the matter has to proceed to trial this statement can be often used to assist in your defense. An experienced domestic violence attorney is also needed because a plea will result in mandatory jail time of no less than five days if there were injuries, a permanent criminal record, ineligibility for sealing or expunging the criminal record and mandatory counseling which may last 26 to 29 weeks. A guilty or no contest plea to domestic violence may also result in the revocation of a concealed weapons permit and the right to possess a gun while on probation.

If you are arrested for domestic violence please contact Marc A. Joseph, P.A. for a free consultation.