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How Do Victims Affect Domestic Violence Battery Charges In Florida?


Under Florida law, domestic battery/domestic violence battery is defined as striking or touching, or causing bodily injury to, a family member or household member, and carries with it a number of severe penalties, including serving up to one year in jail, a $1,000 fine, and a number of additional penalties, such as participating in community service and/or the Batterer’s Intervention Program and losing concealed carry rights, etc.

But how do prosecutors decide that someone has committed an act of domestic battery, or any other domestic-related violent crime, and that they will press charges? Prosecuting these types of crimes often depends upon the reports and wishes of the victim, whereby prosecutors will often decline to file charges if the victim changes their mind because, in that instance, there can be insufficient evidence to move forward with charges, as happened in a recent notorious case here in Florida.

How Victims Become Involved In Charges & Prosecutions

Alleged victims are very important when it comes to domestic battery charges. Many, for example, are called upon to testify in court. Victims can also seek restraining orders against their abusers, and even file a civil suit against them in an effort to collect damages to pay for injuries and other losses.

Victims also have the ability to recant their statements, although this potentially opens them up to allegations that they lied about domestic violence charges, and they could face criminal charges for falsifying information. Both officers and prosecutors will sometimes close a case due to conflicting statements, a lack of witnesses, a victim who refuses to prepare a written statement, etc. In many cases, successful prosecution requires a victim’s cooperation and testimony. Without corroborating testimony from victims, prosecutors have to rely on incident reports, 911 calls, interviews, photos, etc. to prove abuse to a jury or persuade a defendant to take a plea deal, which can be more difficult.

Common Domestic Battery Activities

We have represented a number of clients accused of domestic battery. Some examples of circumstances that can lead to charges like these include, for example, doing the following to a girlfriend or boyfriend, ex, spouse, etc:

  • Sending threatening, harassing messages
  • Hitting, kicking, trying to slap or punch
  • Molesting
  • Strangulation/choking
  • Holding them against the door with intent to inflict physical harm

Contact Our Florida Domestic Battery Attorneys to Find Out More

If you are potentially facing charges for domestic battery or a related crime, you need to speak with a domestic battery lawyer immediately. These charges are very serious, and if convicted, stay on your record permanently. It can also cost you other important rights, such as child custody. Contact our experienced Florida criminal defense attorneys at the office of William Wallshein, P.A. today to schedule a free consultation and find out more about our services.




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